Sun Pharmaceutical Industries yesterday won a drug patent litigation in a US appeals court, which ruled against the ever-greening tactic deployed by Eli Lilly to stop the generic version of its blockbuster cancer drug Gemzar.
Sun Pharma today announced that the US Court of Appeals affirmed the judgment of the US District Court against Eli Lily, finding certain claims of US Patent No. 5,464,826 (826 patent) invalid.
The appeal arose out of a lawsuit that Eli Lilly filed against Sun Pharma in connection with Sun Pharma's submission of an Abbreviated New Drug Application (ANDA) for a generic version of Gemzar, which is used in the treatment of ovarian, lung, breast and pancreatic cancer.
Sun Pharma had planned to launch a generic version of the drug in mid-November in the US market.
Indianapolis, Indiana-based Elli Lilly has argued that Gemzar's marketing exclusivity in the US, which is valid till mid-November 2010, also has a separate patent involving the method it is administered running until mid-2013.
Earlier the District Court had ruled against Eli Lily stating that the asserted claims its patent are invalid for obviousness-type double patenting.