Pfizer has signed a deal to acquire the European rights to the anti-impotence drug Cialis from Eli Lilly, a drugmaker that also sells generic versions of the erectile dysfunction drug Viagra.
The deal comes a day after a European Commission judge ruled that the drug maker had met the requirements of the European Patent Act that allows the pharmaceutical company to make a generic version of the drug. Pfizer, which makes Cialis, said the European patent is valid for the generic version and will allow the pharmaceutical company to make the drug. Cialis was approved in the United States in 2003.
The judge said Pfizer is still under a legal battle with Lilly. The Commission judge ruled that Lilly can make the drug a copy of the EU patent for any generic drug.
The ruling comes just two months after a European judge ruled that Lilly could not make a copy of the EU patent for Cialis, which is made by Eli Lilly, the world's largest drugmaker. The decision was a blow to the pharmaceutical company, which is facing similar litigation. Lilly, which makes Viagra, said it had a "strong relationship" with Cialis, but it said it would seek the court's permission before making any copy of the drug.
But the judge said the drugs could only be made in a special European court and that it was unclear what other rules Cialis was subject to in the country where it is being made. Cialis could not be made in any other country, the judge said.
Cialis and Viagra are already approved in the United States by the Food and Drug Administration, but the FDA has not approved generic versions of the drug. Lilly will be allowed to make copies of the EU and other European patents for Cialis. But Cialis, which is made by Eli Lilly, is not yet in the market for the generic version of Viagra.
A spokesperson for Pfizer, which makes Cialis, declined to comment.
Cialis for Daily Mail: A Pills
The Daily Mail in Britain
By The Associated Press
Read moreEarlier this year, Pfizer became the first major pharmaceutical company to reach an agreement to buy the world's top-selling diabetes drug for $1 billion. But the deal has been rejected twice before, and the drugmaker, which has been pushing for years to make a generic version of the drug, has rejected the bid, theAssociated Pressreported. Pfizer is also in talks with the drugmaker about a license for its diabetes drug.
The drugmaker said the agreement would provide the company with access to the new drug for the rest of its growing sales force. It said it would seek approval for a new generic version of the drug in the United States.
Pfizer said the deal with Eli Lilly is similar to its plans to make a generic version of Viagra, which was launched in 1998. The drugmaker said Viagra was made by Lilly before it was approved by the FDA, and it was approved in the United States in 2003. The drugmaker said Pfizer is still under a legal battle with Lilly.
Lilly said it would appeal the decision to the European court if it was the first country in Europe to approve generic versions of the drug.
But Lilly said its agreement with Pfizer could not stop the company from making its own copy of the EU patent for Cialis, which is the first drug to be approved in the United States.
Pfizer said it would look to other countries where the drugmaker can make its generic version of the drug, but it has not yet signed a license agreement with Lilly.
Pfizer, which makes Viagra, said it would not sell the rights to Cialis to Lilly until the drugmaker can secure approval from the European court.
A spokeswoman for Lilly said the company is reviewing the matter with the European Commission judge and that they did not have "direct knowledge" of the matter.
Pfizer, which makes Cialis, said it had no plans to appeal the decision. But the company said it would seek the approval of other countries where it can make its generic version of the drug. In the United States, the company said it will seek the approval in a lawsuit brought by states who claim that it failed to warn consumers of the drug's risks.
The company has been trying to secure approval from the United States court for a generic version of Cialis since it began marketing the drug in 1998 in the United States.
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