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UPDATE 2-Lilly wins longer halt of generic Strattera sales
August 27, 2010 / 2:32 PM / 7 years ago

UPDATE 2-Lilly wins longer halt of generic Strattera sales

* Lilly appealing ruling that patent was invalid

* Mylan, Teva among generic drug makers affected

* Lilly shares rise 0.5 percent (Adds Lilly statement, updates shares)

NEW YORK, Aug 27 (Reuters) - A federal appeals court has extended a temporary order blocking 10 companies from selling generic versions of Eli Lilly and Co’s (LLY.N) Strattera attention deficit disorder drug.

The extension was granted Thursday by the U.S. Federal Circuit Court of Appeals in Washington, D.C. It continues until that court can consider papers filed as Lilly appeals a lower court ruling declaring its patent invalid, court records show. Such an extension could last several weeks.

Generic drug makers affected by the order include Mylan Inc (MYL.O) and Teva Pharmaceutical Industries Ltd TEVA.O.

In an emailed statement, Lilly said it was pleased the injunction had been extended and that the court might hear its expedited appeal as soon as October.

On Aug. 12, U.S. District Judge Dennis Cavanaugh in Newark, New Jersey, invalidated Lilly’s patent for Strattera following a nonjury trial. The patent had been set to expire in 2017.

Cavanaugh later issued an injunction blocking sales of generic versions of Strattera for a two-week period. Thursday’s order extends that injunction.

Cavanaugh rejected Lilly’s request for an injunction lasting through the appeal, which could take many months.

Lilly reduced its forecast for 2010 revenue growth after Cavanaugh’s original ruling. Strattera sales totaled $147.1 million in the second quarter, a regulatory filing shows.

Shares of Lilly rose 18 cents to $34.13 in morning trading on the New York Stock Exchange.

The case is Eli Lilly and Co v. Actavis et al, U.S. Federal Circuit Court of Appeals, No. 2010-1500. (Reporting by Jonathan Stempel in New York; Additional reporting by Toni Clarke in Boston; Editing by Steve Orlofsky)

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