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Court Rules Eli Lilly Patent for Strattera Invalid

Ruling opens the market for generic competition.

Lilly has asked a federal judge to temporarily block the introduction of generic versions the attention-deficit/hyperactivity disorder drug while it appeals the ruling.

Our Take: Lilly hoped for patent protections until May of 2017, for Strattera, its number ten selling drug. The firm faces patent expirations as legislation blocking deals between brand and generic manufacturers to "pay for delay" of generic drugs is considered. Meanwhile, a study highlighting the savings potentially realized by blocking these deals was critiqued when The Hill  featured an opposing study, this one funded by drug makers. The issue underscores the complexity, financial implications and level of investment that drug makers and payers have in this area. We'll continue to follow this topic.

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