Fed. Circ. Denies Lilly En Banc Review In Gemzar Feud

Law360, New York (November 2, 2010, 12:57 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit has denied a request by Eli Lilly & Co. for an en banc rehearing of a lower court decision that one of the drugmaker's patents for cancer treatment Gemzar is invalid for double-patenting.

The denial, issued Monday, followed a Federal Circuit ruling in July sustaining the lower court's judgment against Lilly. Sun Pharmaceutical Industries Ltd. sued Lilly in 2007, challenging the patent-in-suit's valid in an effort to introduce a generic version of the drug.

In a dissent,...
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