Indianapolis, Indiana – Patent lawyers for Eli Lilly and Company of Indianapolis, IN, have initiated litigation alleging Hospira, Inc. of Lake Forest, IL of Lake Forest, IL, has infringed and will infringe the following two patents, as issued by the U.S. Patent Office: Patent No. 4,808,614, titled DIFLUORO ANTIVIRALS AND INTERMEDIATE THEREFOR, and Patent No. 5,464,826, 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 notes 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.
The defendant allegedly filed a New Drug Application in the hopes of marketing a generic version of the Lilly drugs before the expiration of the respective patents. Accordingly, in this case, Lilly requests that the court declare the patents are valid and enforceable and that the defendant’s threatened acts would infringe the patents.
Practice Tip: A generic drug must contain the same active ingredients as the original formulation; it is possible for a generic drug developer to obtain a patent on its formulation, but not on the active ingredients.Complaint – Eli Lilly v. Hospira
Further information about this case is as follows:
Filed: March 23, 2010 as 1:2010cv00346 Updated: April 6, 2010 11:51:55
Plaintiff: ELI LILLY AND COMPANY
Defendant: HOSPIRA, INC.
Presiding Judge: Judge Richard L. Young
Referring Judge: Magistrate Judge Debra McVicker Lynch
Cause Of Action: Patent Infringement