Eli Lilly Resumes Gemzar Patent Claim Against Mayne

Law360, New York (January 11, 2008, 12:00 AM EST) -- Eli Lilly and Co. has resumed its action against Mayne Pharma (USA) Inc. for the infringement of two patents related to chemotherapy drug Gemzar, filing a new complaint Thursday after the case was administratively closed in November.

The Indiana-based pharmaceutical company alleges that Mayne has violated patent law by seeking FDA approval to manufacture, use and sell a “Gemcitabine Hydrochloride for Injection” pharmaceutical product.

The manufacture, use, and sale of the product after FDA approval would further infringe two of Eli Lilly's patents, the company claims....
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