Teva Novopharm Invalidates Eli Lilly’s Canadian Patent for Olanzapine (Zyprexa(R))

The Federal Court of Canada invalidated Eli Lilly’s Canadian Patent No. 2,041,113 for the compound olanzapine (Zyprexa(R)), used in the treatment of schizophrenia and bipolar I disorder. The Federal Court judgment by The Honourable Mr. Justice O’Reilly accepted Teva Novopharm’s arguments that Eli Lilly’s patent is invalid and, therefore, not infringed by Novo-Olanzapine. ATeva Novopharm launched Novo-Olanzapine in June 2007, four years prior to the expiry of the ’113 patent in April 2011. “This is the second significant ruling from the Federal Court of Canada in support of our arguments,” said Barry Fishman, Teva Novopharm’s President and Chief Executive Officer. “We are delighted the courts have ruled consistently on this patent – we have litigated twice on the same patent, the same issue, against the same manufacturer and the Courts have ruled the same. The ’113 patent is invalid and our product does not infringe.”

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