This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS ANKARA 007308 
 
SIPDIS 
 
SENSITIVE 
 
DEPT PASS USTR FOR LERRION/JCHOE-GROVES 
DEPT PASS USPTO FOR JURBAN/EWU 
USDOC FOR ITA/MAC/CRUSNAK 
 
E.O. 12958: N/A 
TAGS: ETRD KIPR TU
SUBJECT: TURKISH JUDGE LIFTS ZYPREXA INJUNCTION AND GENERIC 
ENTERS THE MARKET 
 
REF: ANKARA 4058 AND PREVIOUS 
 
THIS INFORMATION IS SENSITIVE BUT UNCLASSIFIED.  PLEASE 
PROTECT ACCORDINGLY. 
 
¶1.  (SBU)  Summary:  A recent lifting of a Turkish court 
injunction allowed a generic copy of the Eli Lilly product 
Zyprexa to come on the market December 9.  Lilly 
representatives plan to continue fighting the case in court, 
but asked us to refrain from discussing their specific case 
with the GOT.  End summary. 
 
¶2.  (SBU)  After noticing a newspaper advertisement placed by 
local generic producer Abdi Ibrahim (AI), we checked with 
local Lilly representatives, who confirmed that the judge in 
the Zyprexa patent infringement case recently lifted the 
injunction that had prevented AI from marketing its copy of 
Zyprexa.  Because AI maintained an inventory that was 
produced prior to the injunction, its "Rexapin" version 
became available to Turkish consumers on December 9. 
 
¶3.  (SBU)  The Lilly reps told us that while they are 
disappointed by the court decision, they do not believe that 
the GOT is currently "breaking its laws."  They said the 
judge based the decision on an independent review of Lilly's 
patented Zyprexa formula that was conducted by Middle East 
Technical University (METU) in Ankara.  The review found 
enough chemical differences to allow the judge to rule that 
AI had not infringed Lilly's patent on the molecular formula. 
 Conceding that this type of patent is the most difficult to 
protect, Lilly reps said they had hoped the judge would 
continue the injunction pending a review of their process 
patent.  They plan to ask for such an injunction and "to 
continue to fight in the courts every company that tries to 
copy our products," Lilly's GM said. 
 
¶4.  (SBU)  The Lilly reps thought the issue of patent linkage 
should be included on the IPR agenda for the January 23-24 
TIFA Council meeting, but asked that the discussion be kept 
general to avoid possible GOT repercussions against the 
company.  They explained that while AI's generic Rexapin is 
included in the just-released formulary for prescription 
reimbursements, Zyprexa is not.  (Several representatives of 
research-based companies have told us that they worry that 
the MOH could use non-inclusion on the reimbursement list as 
a way to "punish" companies that continue to push on IPR 
issues.  Because of this, they have asked us to keep the 
discussion of IPR-issues general and refrain from mentioning 
any of the companies by name.) 
 
¶5. (SBU) Comment:  The low-key response of local Lilly 
officials indicates that they are either content to rely on 
the judicial process, are worried that direct USG 
intervention could have negative repercussions, or are simply 
not decided on next steps.  We expect that Washington 
officials may hear from Washington-based Lilly reps, and 
agree that continuing to engage the GOT on the issue of 
patent linkage, including at the TIFA meeting, is warranted. 
WILSON