Judge upholds Lilly's Evista patent

September 24, 2009

A federal judge in Indianapolis turned back a patent challenge to Eli Lilly and Co.’s drug Evista, the company announced late yesterday.

Evista is an osteoporosis drug that generated global sales of $1 billion last year, including $700 million in the United States.

U.S. District Court Judge Sarah Evans Barker ruled that Lilly’s method-of-use patents for Evista are valid through 2014, rejecting all the claims of Israel-based Teva Pharmaceuticals Industries Ltd.

However, Barker said Lilly’s patents on Evista’s particle size are invalid. Lilly said it is considering whether to appeal that part of the ruling.

Teva has sought to market a cheaper generic version of Evista, also known as raloxifene.


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