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Lilly Prozac Rehearing Petition Could Receive Ruling By End Of July, Barr Says

Executive Summary

Barr expects the D.C. appellate court to rule on Lilly's petition for a rehearing en banc in the Prozac patent infringement case by the end of July.

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Barr Fluoxetine Goal: 80% Generic Penetration In First Six Months

Barr hopes to achieve 80% generic substitution for Lilly's Prozac within the first six months after launch of its generic 20 mg fluoxetine capsules.

Barr Fluoxetine Goal: 80% Generic Penetration In First Six Months

Barr hopes to achieve 80% generic substitution for Lilly's Prozac within the first six months after launch of its generic 20 mg fluoxetine capsules.

Prozac patent strategy

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

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