The ruling was made following a three-day hearing by a board of appeal of the European Patent Office (EPO). Lilly ICOS stated that the decision confirmed the patent’s invalidity and made it clear that Pfizer is not entitled to exclusivity in the area of oral PDE5 inhibitors for erectile dysfunction (ED) in a number of European countries.
The decision affirms the EPO’s previous decision to revoke this patent in 2001, and is consistent with a final UK decision to revoke Pfizer’s corresponding patent in 2002.
Lilly ICOS, a joint venture biotech firm created by ICOS Corporation and Eli Lilly and Company, developed and markets Cialis (tadalafil)for the treatment of ED. Cialis was approved by the FDA in November 2003 for the treatment of ED and is the only oral ED treatment shown to improve erectile function up to 36 hours in most men
Shares in both Lilly and ICOS Corporation have seen a slight rise following the EPO decision.