Eli Lilly and Company Sues Accord Healthcare for Patent Infringement of Lung Cancer Drug ALIMTA

Indianapolis, IN – Patent attorneys for Eli Lilly and Company of Indianapolis, Indiana filed a patent infringement suit in the Southern District of Indiana alleging that Accord Healthcare, Inc., USA of Durham, North Carolina infringed patent no. 7,772,209, Antifolate combination therapies, which has been issued by the US Patent Office.

The complaint states that in December Accord sent a letter notifying Lilly that Accord had submitted an Abbreviated New Drug Application (ADNA) to the Food and Drug Administration (FDA) for its generic version of Alimta. Lilly alleges that Accord’s proposed product and labeling will infringe its patents. Lilly seeks an injunction to prevent Accord from developing, manufacturing and selling the allegedly infringing product.

Practice Tip: Lilly has already won a patent infringement case over Alimta. As we blogged about last year, the District Court of Delaware affirmed the validity of Alimta patents. This lawsuit, however, is over a patent that was not the subject of the District Court of Delaware’s decision.

This case has been assigned to Chief Judge Richard L. Young and Magistrate Judge Denise K. LaRue in the Southern District of Indiana, and assigned Case No. 1:12-cv-00086-RLY-DKL.EliLillyvAccordHealthcare

Further Information about the case is as follows:

Filed: January 20, 2012 as 1:2012cv00086 Updated: January 24, 2012 05:00:10 Plaintiff: ELI LILLY AND COMPANYDefendant: ACCORD HEALTHCARE, INC., USAPresiding Judge: Richard L. YoungReferring Judge: Denise K. LaRueCause Of Action: Patent InfringementCourt: Seventh Circuit > Indiana > Southern District CourtType:Intellectual Property > Patent