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BIO Weighs in with Amicus Brief in Sun Pharmaceuticals v. Eli Lilly

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- The Biotechnology Industry Organization (BIO) has joined the chorus of amici urging the Federal Circuit to rehear en banc (and overturn) a panel decision affirming an invalidity finding of Eli Lilly's U.S. Patent No. 6,464,826. The panel affirmed the District Court's determination that the claims of the '826 patent were invalid over the claims of Lilly's U.S. Patent No. 4,808,614 under the judicially-created doctrine of obviousness-type double patenting. The '826 patent claimed methods for using gemcitabine (sold by Lilly under the name GEMZAR®) for treating cancer, and the earlier '614 patent disclosed but did not...

Full post as published by Patent Docs on October 01, 2010 (boomark / email).