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ED Mich invalidates Lilly Gemzar patent

By Lawrence B. Ebert, Esq.

Back in March 2007, IPBiz noted that generic drug companies were arguing Lilly could not have both a composition patent and a method of use patent on Gemzar ["The paragraph IV challengers argue that either the compound or method of use are obvious and can't be protected by a patent." ] Challenger Sun has prevailed at ED Michigan.

AP reported on August 18, 2009:

Eli Lilly and Co. said a court has granted a motion by generic drug maker Sun Pharmaceuticals for a partial summary judgment in the companies' years-long lawsuit over cancer treatment Gemzar [gemcitabine ]- invalidating Lilly's method-of-use patent which had been set to expire in 2013.

Prior IPBiz post:

http://ipbiz.blogspot.com/2007/03/lillys-cancer-drug-gemzar-challenged-by.html

Full post as published by IPBiz on August 18, 2009 (boomark / email).