July 13, 2005

US appeals court upholds patent for Lilly PMS drug

WASHINGTON (Reuters) - A U.S. appeals court on Wednesday
upheld Eli Lilly and Co.'s patent for its premenstrual drug
Sarafem, rejecting a challenge from generic drugmaker Teva
Pharmaceutical Industries Ltd .

Teva had argued the patent, which covers the use of
fluoxetine to treat premenstrual syndrome (PMS), was invalid
because it was for something that was "obvious."

The U.S. Court of Appeals for the Federal Circuit affirmed
a lower court ruling that found Teva had infringed the patent.