Paxil Patent Ruling Revised: Will GSK’s Loss Be A Gain For Lilly’s Zyprexa?

Paroxetine patent was “inherently anticipated” by an earlier patent, court says. Appellate panel changes its reasoning from an earlier opinion, in which it said the patent was invalidated by the “public use” bar. Revised language means Zyprexa patent challengers cannot cite the case in arguing olanzapine clinical trials constituted prior public use.