Paxil Patent Ruling Revised: Will GSK’s Loss Be A Gain For Lilly’s Zyprexa?
This article was originally published in The Pink Sheet Daily
Executive Summary
Paroxetine patent was “inherently anticipated” by an earlier patent, court says. Appellate panel changes its reasoning from an earlier opinion, in which it said the patent was invalidated by the “public use” bar. Revised language means Zyprexa patent challengers cannot cite the case in arguing olanzapine clinical trials constituted prior public use.
You may also be interested in...
Lilly Zyprexa Patent Upheld On All Counts
The district court ruling means that generic versions of olanzapine are unlikely to enter the market before 2011, when the only "Orange Book" listed patent for Zyprexa is set to expire.
Lilly Zyprexa Patent Upheld On All Counts
The district court ruling means that generic versions of olanzapine are unlikely to enter the market before 2011, when the only "Orange Book" listed patent for Zyprexa is set to expire.
Kos Settlement Keeps Barr’s Generic Niaspan, Advicor Off Market Until 2013
The generic firm’s decision to settle appears to have been influenced by a federal appeals court’s recent decision to rescind an earlier ruling on “public use” and patent invalidity in the Paxil case. Barr could enter the market before 2013 if another ANDA product launches.