Eli Lilly said that a US court upheld is method-of-use patents on its osteoporosis drug Evista. Teva Pharmaceutical Industries Ltd. (Nasdaq: TEVA; TASE: TEVA) has been trying to launch a generic version of the drug.
The patents provide protection for Evista (raloxifene HCl) through March of 2014.
In the case of Eli Lilly and Company v. Teva Pharmaceuticals Industries Ltd., the US District Court for the Southern District of Indiana ruled in favor of Lilly on all accounts for the method-of-use patents, including the patent doctrines of obviousness, enablement, and inequitable conduct.
In April, a US court issued a preliminary injunction to prevent the launch of Teva's generic version of Evista until the court renders its final ruling.
In addition, the Court held Lilly's Evista particle-size patents invalid. The company is reviewing this aspect of the ruling to determine whether or not to appeal.
Evista is used to treat and prevent osteoporosis in postmenopausal women; to reduce the risk of invasive breast cancer in postmenopausal women with osteoporosis, and to reduce the risk of invasive breast cancer in postmenopausal women at high risk for invasive breast cancer.
On the Tel Aviv Stock Exchange (TASE), Teva shares fell 0.8% in morning trading. Shares in Teva closed on Nasdaq yesterday at $50.61, giving a market cap of $44.23 billion.
Published by Globes [online], Israel business news - www.globes-online.com - on September 24, 2009
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