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Eli Lilly sues Dr Reddy's Labs

US drug giant Eli Lilly & Co has filed a patent infringement suit against drug-maker Dr Reddy's Laboratories in an Indiana court, the chief executive of Dr Reddy's Labs told Reuters on Tuesday.

"Eli Lilly has sued Dr Reddy's for infringement of one of the patents on olanzapine, the key ingredient in Lilly's anti-depressant drug Zyprexa," G V Prasad said by phone from the company's headquarters in Hyderabad.

Dr Reddy's had asked for permission to market olanzapine 15 mg and 20 mg dosages earlier this year, saying that it did not infringe existing patents or considered some patents on the drug invalid.

The main Lilly patent on olanzapine expires in 2011, but Dr Reddy's can launch its generic version of the drug in late 2003 or early 2004 if its patent challenge is successful, Prasad said.

"The litigation means Dr Reddy's cannot launch the product for the next 30 months or till the case is settled, whichever is earlier," he said.

He said the company planned to market its generic version of Zyprexa through US firm Pharmaceutical Resources Inc.

Dr Reddy's, which in April became the first Indian drug-maker to list in the United States, is also locked in legal battles with Eli Lilly on its generic form of anti-depressant Prozac and with AstraZeneca Plc on anti-ulcerant Prilosec.

Dr Reddy's is hopeful of getting six months' exclusive marketing for its 40 mg capsules of generic Prozac after a US court ruled in favour of fellow generic maker Barr Labs against Eli Lilly, though Lilly has appealed the case.

"We are confident of launching our dosage form at the same time as Barr," said Prasad.

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