Lilly Petitions US Supreme Court to Review Gemzar Patent Decision

Eli Lilly has filed a petition for a writ of certiorari with the U.S. Supreme Court to review a federal appeals court’s July decision invalidating the company’s ’826 patent on Gemzar, which led to the introduction of generics in November. The petition seeks a reinstatement of the ’826 patent, which was not due to expire until 2013, and a permanent injunction barring Sun Pharmaceuticals from marketing generic Gemzar (gemcitabine HCI). The U.S. Court of Appeals for the Federal Circuit struck down the patent on the grounds that it double-patented claims already made in Lilly’s ’614 patent on the drug.
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