UPDATE 2-US appeals court says no to Teva’s generic Evista

* Appeals court upholds ban on selling generic Evista

* Evista a big seller for Lilly
(Adds comment from Lilly, details of patents and case)

WASHINGTON, Sept 1 (BestGrowthStock) – Eli Lilly & Co (LLY.N: ) won a
patent battle protecting its osteoporosis drug Evista on
Wednesday, as an appeals court declined to toss out a permanent
injunction preventing production of a generic copy of the

The U.S. Court of Appeals for the Federal Circuit ruled
that a lower court was correct in banning Teva Pharmaceuticals
Ltd (TEVA.O: ) (TEVA.TA: ) from making a generic Evista and that
the Lilly patents were valid. They expire in March 2014, the
company said.

“We are pleased with today’s ruling from the Court of
Appeals regarding Evista’s method-of-use patents and believe
that the court fairly applied long-standing patent law
principles,” said Robert Armitage, Lilly’s general counsel.

But it also upheld a decision by the district court in
Indiana that portions — or claims — in two other Lilly
patents related to Evista were invalid.

Lilly’s Evista, which had sales of $259.5 million in the
second quarter of 2010, is used to treat osteoporosis in
post-menopausal women.

The case is Eli Lilly and Co v. Teva Pharmaceuticals USA,
Inc. No. 2010-1005, 1033.
(Reporting by Diane Bartz, editing by Gerald E. McCormick)

UPDATE 2-US appeals court says no to Teva’s generic Evista