San Francisco: Eli Lilly and Co.’s method of use patent for its cancer drug Gemzar was invalidated by a federal court in Michigan, the drug maker said on Tuesday.
The court ruled in a lawsuit filed by generic drug maker Sun Pharmaceutical Industries Ltd, said Mark Taylor, a spokesman for Lilly. The patent at issue deals with methods of use for Gemzar, which was set to expire in 2013.
The decision has no bearing on Lilly’s compound patent for Gemzar, a medicine for lung, breast, pancreatic and ovarian cancer with 2008 worldwide sales of $1.7 billion, Lilly said in a statement. Sun is seeking to market a generic version of the drug before Lilly’s patent expires, court documents say. Lilly claimed Sun’s generics infringe on its Gemzar patents.