Eli Lilly Method Patent For Gemzar Found Invalid

Law360, New York (August 18, 2009, 4:38 PM EDT) -- A federal judge has ruled that one of Eli Lilly & Co.'s patents for cancer treatment Gemzar is invalid, in a dispute with Sun Pharmaceutical Industries Ltd. over a proposed generic version of the drug.

Judge George Caram Steeh of the U.S. District Court for the Eastern District of Michigan on Monday deemed U.S. Patent Number 5,464,826, a method patent, invalid for obviousness-type double patenting.

The patent for the Gemzar compound itself remains in tact, however.

In seeking partial summary judgment, Sun argued that Lilly was...
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