Eli Lilly Sues Hospira for Infringement of Pharmaceutical Patent

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.

This case has been assigned to Chief Judge Richard L. Young and Magistrate Judge Debra McVicker Lynch in the Southern District of Indiana, and assigned case no. 1:10-cv-00346-RLY-DML.

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

Court: Seventh Circuit > Indiana > Southern District Court

Type: Intellectual Property > Patent

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