Lilly filed the patent suit against Barr last May in an Indiana district court, to prevent Barr from marketing a generic version of the Prozac Weekly formulation. In the case, Lilly asserted a re-issue patent on the anti-depressant it was awarded in March 2005.

As a result of the voluntary dismissal of the case, Barr is free to seek approval of its generic formulation of Prozac Weekly, and said it believes it is the first company to file for approval of the product and would be eligible for six months' market exclusivity if OK'd.

Barr said sales of Prozac Weekly were about $30 million, for the 12 months ending March 2007, based on data from IMS Health.