Federal court upholds Lilly patent

The U.S. Court of Appeals has ruled that Lilly's patent covering an ADHD drug is valid

INDIANAPOLIS — A federal court has upheld Eli Lilly's patent covering a drug used to treat attention deficit hyperactivity disorder, Lilly said Friday.

Lilly said the U.S. Court of Appeals for the Federal Circuit overturned a ruling by the U.S. District Court for the District of New Jersey that had invalidated Lilly's patent for Strattera (atomoxetine) in a patent infringement case that Lilly had filed against generic drug maker Actavis, when the latter sought regulatory approval for a generic version of Strattera.

"We are pleased with today's ruling from the Court of Appeals regarding Strattera's method-of-use patent and remain confident that the patent is valid and enforceable," Lilly SVP and general counsel Robert Armitage said. "In overturning the prior district court ruling, we believe that the court fairly applied long-standing patent law principles."

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