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James R. Barney

Lilly Redoubles Fight Against Watson Evista® Generic

May 6, 2010

Law360

Eli Lilly & Co. has filed a second infringement action against Watson Pharmaceuticals Inc. over its effort to develop a knockoff version of popular postmenopausal osteoporosis treatment Evista®. The complaint, filed in the U.S. District Court for the District of Nevada, shadows an identical lawsuit launched Monday in federal court in Indiana alleging that Watson infringed three patents while seeking regulatory approval of a generic version of Evista® (raloxifene). Lilly’s complaint says that “Watson’s infringing activity…is imminent and will begin following FDA approval of its application seeking one or more raloxifene indications.” Lilly’s lawsuit prevents the FDA from approving Watson’s ANDA for up to 30 months or the resolution of the litigation. Lilly has already sued several generics makers for attempting to launch versions of Evista®. Lilly is represented in this matter by Finnegan.

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