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U.S. Court of Appeals Upholds Validity of Lilly's Evista Patents Through March of 2014
Date:9/1/2010

INDIANAPOLIS, Sept. 1 /PRNewswire-FirstCall/ -- Eli Lilly and Company (NYSE: LLY) today announced that the U.S. Court of Appeals for the Federal Circuit has affirmed a prior ruling by the U.S. District Court for the Southern District of Indiana that the company's method-of-use patents for Evista® (raloxifene HCl tablets) are valid. These patents provide protection for Evista in the U.S. through March of 2014.

"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 A. Armitage, senior vice president and general counsel for Lilly.  "We remain confident that Evista's method-of-use patents are valid, a conclusion reached by both the District Court and now the Court of Appeals. Protection of intellectual property rights is extremely important to the biopharmaceutical industry and the patients we serve. We will continue to vigorously defend our rights, in order to support the development of the next generation of innovative medicines."

The Court of Appeals also affirmed a prior District Court ruling that held Evista's particle-size patents invalid. The company will review its legal options regarding this aspect of the ruling.

Lilly, a leading innovation-driven corporation, is developing a growing portfolio of pharmaceutical products by applying the latest research from its own worldwide laboratories and from collaborations with eminent scientific organizations. Headquartered in Indianapolis, Ind., Lilly provides answers – through medicines and information – for some of the world's most urgent medical needs.  Additional information about Lilly is available at www.lilly.com.  C-LLY

This release contains forward-looking statements regarding the U.S. Evista patent litigation. These statements are based on management's current expectations but actual results may differ materially.  There can be no assurance that the company will prevail in any further appeal. Other risk factors that may affect the company's results can be found in the company's latest Form 10-K, filed February 2010, and Form 10-Q, filed July 2010.

Evista® (raloxifene HCl, Lilly)

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