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The U.S. Supreme Court allowed Eli Lilly and Co. to keep its patent on its top-selling drug Zyprexa today by denying an appeal by two generic drug makers seeking to break the patent.
Without comment, the court denied a request by units of Dr. Reddy’s Laboratories Ltd. and Teva Pharmaceutical Industries Ltd. for the justices to force a lower appeals court to reconsider the case, Bloomberg reported.
An appeals court ruled in Lilly’s favor in December, upholding the victory the company won in spring 2005 before a federal trial judge.
Zyprexa sales totaled $4.4 billion worldwide last year. Lilly’s patent on the drug runs until 2011. The drug is used to treat bipolar disorder and schizophrenia.
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