A federal judge in the USA has ruled that Teva Pharmaceuticals USA's Abbreviated New Drug Applications for the cancer drug Gemzar (gemcitabine) infringe a patent of US drug major Eli Lilly, enjoining the Israeli-owned generics giant from introducing its own version of the cancer drug until at least November.
Judge Sarah Evans Barker of the US District Court for the Southern District of Indiana issued the ruling last week, preventing Teva from manufacturing its generic version until Lilly's patent expires on November 15.
However, the Court denied Lilly's request for an injunction on a method of use patent, expiring May 7, 2013, on the grounds that the Eastern District of Michigan had previously found that patent invalid. Lilly has appealed that decision and oral argument is scheduled for May 7, 2010.
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