Court rules against Eli Lilly in patent dispute over Strattera, but drug major will appeal

US drug major Eli Lilly suffered a blow last week, when the US District Court for the District of New Jersey ruled against the company in its patent litigation for Strattera (atomoxetine). In the case of Eli Lilly and Company versus Actavis Elizabeth LLC, et al, the court ruled that Lilly's '590 patent, or method-of-use patent, for Strattera is invalid. The patent had been set to expire in May of 2017.

"We disagree profoundly with the District Court's ruling and will appeal this decision," said Robert Armitage, senior vice president and general counsel for Lilly. "We continue to believe that our Strattera method-of-use patent should be found valid and should be upheld by the courts. The judge did not apply what we believe has been long-settled law on the legal issue of enablement. We will take every reasonable step to protect our intellectual property rights."

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