Well that changed since...
Zyprexa Patent Upheld on Appeal - last scene
Back in Dec 2006:
Lilly’s patent covers olanzapine (Zyprexa®) and its use for the treatment of schizophrenia. Three generic manufacturers (Zenith (IVAX), Dr. Reddy’s, and Teva) filed an ANDA and Lilly responded with a complaint in the Southern District of Indiana. After a bench trial, the district court agreed with Lilly that the patent was valid, infringed, and enforceable.
The defendants appealed to the Court of Appeals of the Federal Circuit.
Yesterday the U.S. Court of Appeals ruled (as expected) that Zyprexa Patent is valid until April 2011. End of story.
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