Indiana Intellectual Property Law News
Novartis is a Swiss pharmaceutical company known for developing innovative medicines and therapies, particularly in the radiopharmaceutical market. The company is taking steps to strengthen its position by filing lawsuits against competitors over alleged patent violations concerning its top cancer therapies, Pluvicto and Lutathera. These actions began in 2024 and involve Eli Lilly, its subsidiary, Point Biopharma, Lantheus, and Curium Pharma.
In June 2024, Novartis and the Purdue Research Foundation filed a lawsuit in Indiana, claiming that Lilly’s PNT2002 infringes on their U.S. Patent No. 10,624,970. Because PNT2002 describes similar conjugates and methods to treat the same kind of cancer (prostate) that Pluvicto is designed to treat, Novartis alleges direct competition with their product.
Lilly and the other defendants have requested the Court dismiss the lawsuit, arguing it is not in direct competition, as PNT2002 is not yet ready for the market and may not even receive regulatory approval by June 2025.
In another case, Novartis is challenging Point Biopharma and Lantheus over a generic version of Lutathera, PNT2003. Novartis filed its complaint after Lantheus submitted a New Drug Application for PNT2003 that could grant them 180 days of market exclusivity if approved. The dispute centers on U.S. Patent No. 10,596,276 regarding a radionuclide formulation. Point and Lantheus claim the patent is invalid or not applicable to their product.
Lastly, in October 2024, Novartis sued Curium regarding a generic version of Lutathera, Lutetium Lu-177. The lawsuit targets several patents related to stable radionuclide solutions. Novartis had previously filed in Missouri but withdrew to focus on litigation in Delaware, which both sides agreed is the proper venue.