Executive Summary

Lilly does not believe aaiPharma's fluoxetine purification patent "meets FDA's standards for listing in the 'Orange Book'" and therefore decided not to "further pursue" obtaining rights to the technology, the company says. While Lilly will continue to enforce its own Prozac patents it will not engage in "last-minute legal maneuvers" to extend Prozac's exclusivity (1see related story, p. 19). Lilly indicated that public relations tactics played a role in its decision. aaiPharma's patent (6,258,853) on a pure crystalline form of fluoxetine Form A was issued by the Patent & Trademark Office July 10