Lilly plans to appeal over Gemzar's intellectual property

US drug major Eli Lilly says that the US District Court for the Eastern District of Michigan has granted a motion by Indian-owned Sun Pharmaceuticals for partial summary judgment. The Court's ruling invalidates Lilly's '826 patent, or method-of-use patent, for Gemzar (gemcitabine HCl for injection) which had been set to expire in 2013. The ruling has no bearing on Gemzar's compound patent, which remains valid until November 2010, the US firm contends.

"We strongly disagree with the Court's ruling granting summary judgment in favor of the generic challenger," said Robert Armitage, senior vice president and general counsel for Lilly. "We continue to believe that our Gemzar method-of-use patent is valid and will be upheld by the courts. We intend to pursue an appeal of this decision with the Court of Appeals for the Federal Circuit. It is also important to note that today's court decision does not allow for the immediate entry of generic gemcitabine in the U.S. market. Gemzar's compound patent remains in force until November 2010," he noted.