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Eli Lilly & Co. v. Barr Laboratories, Inc.

251 F.3d 955 (2001)

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Eli Lilly & Co. v. Barr Laboratories, Inc.

United States Court of Appeals for the Federal Circuit
251 F.3d 955 (2001)

MP

Facts

Eli Lilly & Company (Lilly) (plaintiff) held numerous patents relating to fluoxetine hydrochloride, an active ingredient in its antidepressant Prozac. Lilly alleged that Barr Laboratories, Inc. (Barr) (defendant), the manufacturer of a generic competing antidepressant, infringed one of its patents covering the use of fluoxetine hydrochloride to block serotonin uptake in the brain of animals. Barr argued that this claim was invalid on grounds of obviousness-type double patenting because Lilly’s earlier patent claim in a different patent covered the use of fluoxetine or a pharmaceutically acceptable salt to treat anxiety in humans. The district court denied Barr’s motion for summary judgment. Barr appealed.

Rule of Law

Issue

Holding and Reasoning (Gajarsa, J.)

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