Lilly's patents on Zyprexa, including Zydis, now give it exclusive U.S. rights to the drug until 2011.
http://www.amex.com/?href=/newsDetails/CmnNewsDet.jsp?id=XpressFeed_NewsDetails_1102116162413.html INDIANAPOLIS, Dec 03, 2004 (AP Online via COMTEX) -- Eli Lilly and Co.'s bestselling drug for schizophrenia and bipolar disorder faces a new patent threat.
Indianapolis-based Lilly sued this week seeking to block Barr Pharmaceuticals Inc. from selling a generic version of Zyprexa Zydis in the United States. Zydis, a wafer form of Zyprexa, rapidly dissolves on contact with saliva and resists being spit out by uncooperative patients.
Attorneys for Lilly filed the patent infringement lawsuit in U.S. District Court in Indianapolis on Wednesday.
A broader patent challenge to Zyprexa was tried earlier this year, though no ruling has been issued yet.
"The arguments Barr raises are similar to those raised in the recent Zyprexa trial," Lilly spokeswoman Terra Fox said.
Barr was not among the generic drugmakers whose patent challenges were consolidated and tried in federal court in Indianapolis this year.
The financial stakes are high despite Zyprexa's declining U.S. sales. Last year's U.S. sales totaled $2.63 billion, or more than a fifth of Lilly's worldwide revenues. During the three months ending Sept. 30, U.S. sales were $557.3 million, still strong enough to represent nearly 17 cents of every dollar Lilly took it during the third quarter.
Lilly's patents on Zyprexa, including Zydis, now give it exclusive U.S. rights to the drug until 2011.
Barr officials said annual sales of Zyprexa Zydis came to $233 million for the 12 months ending with September.
The generic drugmakers in the consolidated case are Zenith Goldline Pharmaceuticals, owned by Ivax Corp. of Miami; Dr. Reddy's Laboratories of India; and the U.S. arm of Israeli-based Teva Pharmaceutical Industries.
Barr spokeswoman Carol Cox said the Pomona, N.Y.-based company was challenging only the Zydis patent because it did not want to join such a large group of litigants and because Barr sells other oral, rapidly dissolving medications.
Lilly's Fox said it could seek to have Barr's case consolidated with the others. It also could request a ruling be delayed until Young issues his opinion.