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James R. Barney

Lilly Gets Longer Reprieve on Strattera® Appeal

August 27, 2010

Law360

A federal appeals court has extended a temporary hold on the generic-drug makers seeking to launch their own versions of Eli Lilly & Co.'s attention deficit/hyperactivity disorder drug Strattera®. The U.S. Court of Appeals for the Federal Circuit ruled Thursday that a lower court's order enjoining the generic companies should be continued until the higher court has a chance to consider papers filed in connection with Lilly's appeal of its loss in the patent battle. The Indianapolis-based drugmaker had asked Judge Cavanaugh to block the release of generic versions of Strattera® until Lilly's entire appeal could be decided. Lilly said in a statement it was pleased with the Federal Circuit's continuation of the restriction on the generic-drug makers. Lilly is represented by Finnegan.

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