A federal appeals court has backed the Patent and Trademark Office’s decision to invalidate two patents that gave Eli Lilly and Co. exclusive rights over the drug tadalafil, the active ingredient in its Cialis erectile dysfunction drug.
The decision is a win for Actelion Pharmaceuticals Ltd., which challenged the patents. Mylan Pharmaceuticals Inc. also stands to gain. Lilly’s district court litigation to stop a Mylan generic form of Adcirca, Lilly’s pulmonary hypertension drug that also includes tadalafil, was stayed pending the outcome of the validity challenge.
The patents are related to the process of micronization—reducing the particle size of an ...
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