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Ivax Zyprexa Patent Challenge Could Benefit From Paxil Invalidity Ruling

Executive Summary

Ivax believes its challenge to Lilly's Zyprexa patent will get a boost from a recent appellate court decision invalidating a GlaxoSmithKline patent claim for Paxil

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Zyprexa Patent Valid: Lilly’s Phase I Olanzapine Trials Were Not “Public Use”

Lilly's conduct of Phase I clinical trials for Zyprexa prior to applying for a composition/use patent did not constitute a prior "public use" that would render the patent invalid, an Indianapolis federal judge ruled April 14

Zyprexa Patent Valid: Lilly’s Phase I Olanzapine Trials Were Not “Public Use”

Lilly's conduct of Phase I clinical trials for Zyprexa prior to applying for a composition/use patent did not constitute a prior "public use" that would render the patent invalid, an Indianapolis federal judge ruled April 14

Ivax generic Zyprexa ruling

Ivax expects a decision on its challenge of Lilly's atypical antipsychotic Zyprexa (olanzapine) by year end, the generic firm said. "Our patent challenge trial on Zyprexa concluded in February 2004, and we expect a decision before the end of the year," Ivax President Neil Flanzraich stated during a Nov. 1 earnings call. An appellate court decision invalidating a GlaxoSmithKline patent for Paxil could boost Ivax' Zyprexa case (1"The Pink Sheet" May 3, 2004, p. 18). An Ivax patent challenge of Forest's antidepressant Lexapro begins in May 2005, Flanzraich noted...

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