Lilly Loses Appeal Over Patent for Cancer Drug Gemzar
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Eli Lilly & Co., already facing competition next year for its top-selling drug, lost a bid to block generic sales of the cancer medicine Gemzar after November, opening the door to rivals two years earlier than the company anticipated.
A U.S. appeals court today upheld a lower court that had invalidated a patent on a method of using the medicine that expires in May 2013. The patent is similar to one on Gemzar that expires in November, the Court of Appeals for the Federal Circuit said in a ruling on its website. Lilly said it disagrees with the decision and is considering further review.