Teva have lost to Eli Lilly over Evista, with the U.S. Court of Appeals for the Federal Circuit (CAFC) upholding a decision banning Teva Pharmaceuticals Ltd from making a generic version of Evista. Eli Lilly’s patent protection won’t expire until March 2014.
However,the CAFC also upheld a decision by the district court in Indiana that some claims in two other Lilly patents related to Evista were invalid.
Evista, with sales exceeding a billion dollars a year, is used to treat osteoporosis in post-menopausal women.
The case: Eli Lilly and Co v. Teva Pharmaceuticals USA, Inc. No. 2010-1005, 1033.
