Cancer
U.S. District Court Rules Against Lilly Regarding Gemzar Patent
Published in Surgery Litigation and Law Weekly, September 4th, 2009
Eli Lilly and Company (NYSE:LLY) announced that the U.S. District Court for the Eastern District of Michigan has granted a motion by Sun Pharmaceuticals for partial summary judgment. The Court's ruling invalidates Lilly's '826 patent, or method-of-use patent, for Gemzar (gemcitabine HCl for injection) which had been set to expire in 2013. The ruling has no bearing on Gemzar's compound patent, which remains valid until November 2010.
"We strongly disagree with the Court's ruling granting summary judgment in favor of the generic challenger," said Robert A. Armitage, senior vice president and general counsel for Lilly. "We continue to believe that our Gemzar method-of-use...
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