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Federal Circuit Continues Temporary Injunction in Lilly v. Actavis Elizabeth

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Donald Zuhn -- On Thursday, the U.S. Court of Appeals for the Federal Circuit issued an Order in Eli Lilly & Co. v. Actavis Elizabeth LLC, continuing a temporary injunction that had been granted by the District Court for the District of New Jersey one week earlier. Lilly moved for the injunction, which prohibits generic versions of its ADHD drug Strattera® from entering the market, after the District Court found Lilly's patent on the drug (U.S. Patent No. 5,658,590) invalid for lack of enablement (see "Biotech/Pharma Docket," August 19, 2010). Although Lilly sought to enjoin the Defendants for "the...

Full post as published by Patent Docs on August 31, 2010 (boomark / email).