WASHINGTON -(Dow Jones)- A federal appeals court on Tuesday upheld a trial judge's decision to delay Teva Pharmaceutical Industries Ltd.'s (TEVA) bid to market a generic version of Eli Lilly & Co.'s (LLY) blockbuster osteoporosis drug Evista.
The U.S. Court of Appeals for the Federal Circuit said a federal trial judge in Indiana didn't abuse his power when he ruled that Teva couldn't market a generic version of Evista until March.
The generic-drug maker was supposed to be able to start marketing the drug in mid-November 2008.
The trial judge said the delay was warranted because Teva had amended the information about the generic formulation of Evista that it was planning to offer.
The ruling is part of a bigger patent-infringement lawsuit Eli Lilly has brought against Teva over the company's plan to market a generic version of Evista.
Evista, which brought in sales of more than $1 billion in 2007, is used to treat osteoporosis in postmenopausal women.