Double-Patenting Dooms Lilly's Gemzar IP: Fed. Circ.

Law360, New York (July 28, 2010, 3:14 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit has affirmed a lower court's finding that one of Eli Lilly & Co.'s patents for cancer treatment Gemzar is invalid for double-patenting, in a dispute with Sun Pharmaceutical Industries Ltd. over a proposed generic version of the drug.

The appeals court on Wednesday upheld an August ruling by Judge George Caram Steeh of the U.S. District Court for the Eastern District of Michigan that U.S. Patent Number 5,464,826 was invalid for obviousness-type double-patenting.

The Federal Circuit ruled...
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