October 28, 2010
Law360 reported the complaint for declaratory relief filed by Zydus Pharmaceuticals USA Inc. against Eli Lilly & Co. Zydus is seeking a judgment that it may proceed to manufacture its own version of Eli Lilly's attention deficit disorder drug, Strattera. Zydus was originally one of the defendants in a patent infringement lawsuit filed by Eli Lilly but Zydus settled its case in December 2007. A federal judge declared Eli Lilly's patent for Strattera to be invalid but issued an injunction against the remaining defendants, prohibiting the launch of their generic drug as Eli Lilly appealed the patent case. Zydus claims it is not bound by the injunction and should be able to proceed with manufacturing its own version of Strattera, which the FDA recently approved.
Zydus is represented by partner Joseph A. Boyle and associate Vincent P. Rao II.