Sun wins patent case against Eli Lily over cancer drug

Sun Pharma today claimed victory over Eli Lily and Co in a patent litigation over Gemzar, used in cancer treatment, with a US federal court ruling in its favour.

Eli Lily had contended that an abbreviated new drug application (ANDA) by Sun infringed its patent on the active ingredient used in Gemzar.

"The US Court of Appeals for the Federal Circuit affirmed the judgement of the US District Court for the Eastern District of Michigan against Eli Lily and Co. Finding certain claims of US Patent No. 5,464,826 (826 patent) invalid," Sun said in a statement.

In the Michigan lawsuit, Eli Lilly had contented that Sun Pharma's ANDA infringed certain claims from the 826 patent and US Patent No. 4,808,614 (614 patent) that described gemcitabine and its uses -- the active ingredient in Gemzar.

Earlier the Michigan District Court had ruled against Eli Lily stating that the asserted claims of the 826 patent are invalid for obviousness-type double patenting over US Patent No. 4,808,614 (614 patent), Sun said.

The Appeals Court agreed with the ruling of the District Court, and noted that the Michigan Court had correctly followed the Federal Circuit's precedent regarding double patenting.

Sun said the federal court has ruled Eli Lily's patent invalid, that would have expired on November 7, 2012, and would have had pediatric exclusivity through May 7, 2013.

It, however, said that another patent '614', not part of the appeal, expired on May 15, 2010, but has pediatric exclusivity through November 15, 2010.