US District Court Upholds Validity Of Lilly’s Evista Patents

The US District Court for the Southern District of Indiana has upheld Eli Lilly and company’s method-of-use patents on Evista (raloxifene HCl tablets). In the case of Eli Lilly and company vs Teva Pharmaceuticals, the court ruled in favor of Lilly on all accounts for these method-of-use patents, including the patent doctrines of obviousness, enablement, and inequitable conduct. The patents provide protection for Evista through March of 2014.

Robert Armitage, senior vice president and general counsel of Lilly, said: “We are pleased with the court’s rulings on Evista’s method-of-use patents. We have always been very confident that these patents are valid and enforceable and today’s court ruling sends a clear message on the strength of those patents.

“Protection of intellectual property rights is extremely important to the biopharmaceutical industry and the physicians and patients we serve, as these rights help support the development of the next generation of innovative medicines to treat unmet medical needs.”

In addition, the Court held Lilly’s Evista particle-size patents invalid. The company is reviewing this aspect of the ruling to determine whether or not to appeal.

Evista is a breakthrough medicine indicated for the treatment and prevention of osteoporosis in postmenopausal women and the reduction in risk of invasive breast cancer in postmenopausal women with osteoporosis and those at high risk for invasive breast cancer.