INDIANAPOLIS, July 28 /PRNewswire-FirstCall/ — Eli Lilly
and Company (NYSE: LLY) today announced that the U.S. Court of
Appeals for the Federal Circuit has upheld a prior ruling by the
U.S. District Court for the Eastern District of Michigan that Gemzar’s method-of-use
patent is invalid.
“We strongly disagree with the ruling by the U.S. Court of
Appeals regarding Gemzar’s method-of-use patent. We continue to
believe that our Gemzar method-of-use patent should be found valid
and should remain in effect until mid-2013,” said Robert A. Armitage, senior vice president
and general counsel for Lilly. “We will consider all possible legal
options, including a request for a further review of this panel
decision by the full Court.”
Today’s court decision does not allow for the immediate entry of
generic gemcitabine in the U.S. market. Supported by the
compound patent, the company expects to maintain market exclusivity
for Gemzar until November 15, 2010.
As a result, today’s court decision will not cause the company to
modify its current 2010 financial guidance.
“Protection of intellectual property rights is extremely
important to the biopharmaceutical industry and the patients we
serve, as these rights help support the development of the next
generation of innovative medicines to treat unmet medical needs,”
said John Lechleiter, Ph.D.,
chairman and chief executive officer.
“Despite today’s ruling, our business remains strong, supported
by the growth of key marketed products and a promising pipeline of
potential new medicines that curr