Eli Lilly patent for Gemzar...US court rules in favour of Sun Pharma

Eli Lilly & Co.’s method of using patent for its cancer drug Gemzar was invalidated by a federal court in Michigan. The court ruled in a lawsuit filed by India's Sun Pharmaceuticals. The disputed patent deals with methods of use for Gemzar, which was set to expire in 2013. The decision has no bearing on Eli Lilly’s compound patent for Gemzar, a medicine for lung, breast, pancreatic and ovarian cancer with 2008 worldwide sales of US$1.7bn. The court decision does not allow for the immediate entry of generic gemcitabine in the US market, Robert Armitage, general counsel at Eli Lilly was quoted as saying. Gemzar’s compound patent remains in force through 2010. Eli Lilly plans to appeal the ruling. Sun Pharma sued Eli Lilly in 2007 claiming its method of use patent for Gemzar is invalid. It is seeking to market a generic version of the drug before Eli Lilly’s patent expires. Eli Lilly claimed Sun Pharma's generics infringe on its Gemzar patents.