Indianapolis, Indiana – Patent attorneys for Eli Lilly and Company of Indianapolis, IN, have initiated litigation alleging Sandoz, Inc. of Princeton, NJ, is infringing Patent No. 5,464,826, as issued by the U.S. Patent Officeand titled METHOD OF TREATING TUMORS IN MAMMALS WITH 2′,2′-DIFLUORONUCLEOSIDES.
The ‘826 patent covers the drug marketed under the name GEMZAR(R) for the treatment of abnormal masses of tissue known as neoplasms. The complaint states that, in a separate lawsuit, the ‘826 patent was found invalid on grounds of obviousness-type double patenting, but that Lilly has appealed to the Federal Circuit and believes the ruling will be reversed. Lilly also holds approved New Drug Application No. 20-509 for the use of GEMZAR(R) as a treatment for certain types of cancer.