The patent litigation had been initiated in May 2006 when Lilly sued Barr seeking to protect its Prozac Weekly product, which is indicated for the continuation treatment phase of major depressive disorder, from generic competition.
On May 10, 2006, after receiving notice from Barr, Lilly filed suit against Barr on a reissue patent in the US district court in the southern district of Indiana, to prevent Barr from proceeding with the commercialization of this product.
Now, however, the two companies have agreed to dismiss all claims and counterclaims in the patent litigation.