U.S. Court of Appeals Affirms Validity of Lilly’s Strattera Patent

INDIANAPOLIS, July 29, 2011 /PRNewswire/ — Eli Lilly and Company (NYSE:LLY)
today announced that the U.S. Court of Appeals for the Federal Circuit has
overturned a prior ruling by the U.S. District Court for the District of New
Jersey and has upheld the validity of the company’s method-of-use patent on
Strattera® (atomoxetine). In the case of Eli Lilly and Company v. Actavis
Elizabeth LLC, et al,the court ruled in favor of Lilly, upholding the
method-of-use patent which provides protection for Strattera through May of
2017.

“We are pleased with today’s ruling from the Court of Appeals regarding
Strattera’s method-of-use patent and remain confident that the patent is valid
and enforceable,” said Robert A. Armitage, senior vice president and general
counsel for Lilly. “In overturning the prior district court ruling, we believe
that the Court fairly applied long-standing patent law principles.”

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. Strattera
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 appeal. Other risk factors that may affect
the company’s results can be found in the company’s latest Forms 10-K and 10-Q
filed with the U.S. Securities and Exchange Commission.

Strattera® (atomoxetine, Lilly)

(Logo: http://photos.prnewswire.com/prnh/20031219/LLYLOGO )

SOURCE Eli Lilly and Company