UPDATE 1-Eli Lilly seeks halt on generic Strattera sales

Mon Aug 16, 2010 11:00am EDT

* Lilly appealing ruling that patent is invalid

* Injunction sought while Lilly appeals

* Shares of Lilly down 0.4 percent

NEW YORK, Aug 16 (Reuters) - Eli Lilly and Co (LLY.N) asked a federal judge on Monday to temporarily block sales of generic versions of its Strattera attention deficit disorder drug while it appeals a ruling declaring its patent invalid.

Lilly made the request in a filing with the federal court in Newark, New Jersey.

The request came four days after U.S. District Judge Dennis Cavanaugh invalidated its method-of-use patent for Strattera, which had been set to expire in 2017. This would clear the way for the sale of generic versions of the drug.

The judge's move followed a nonjury trial in May. Following Cavanaugh's ruling last Thursday, Lilly lowered its forecast for full-year revenue growth. [ID:nN12148299]

Strattera sales totaled $147.1 million in the second quarter, a regulatory filing shows.

Lilly had sued 10 defendants, including Mylan Inc (MYL.O) and Teva Pharmaceutical Industries Ltd (TEVA.O), for allegedly infringing its patent.

The Indianapolis-based company is appealing the ruling to the U.S. Federal Circuit Court of Appeals in Washington, D.C.

In morning trading, Lilly shares were down 0.4 percent at $35.56 on the New York Stock Exchange.

The case is Eli Lilly and Co v. Actavis Elizabeth LLC et al, U.S. District Court, District of New Jersey, No. 07-03770. (Reporting by Jonathan Stempel; Editing by Lisa Von Ahn)

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