Eli Lilly & Co. have sued Teva Pharmaceutical Industries Ltd., alleging infringement of two U.S. patents that are used in Gemzar, a cancer drug .
According to the complaint filed Sept. 26 in federal court in Indianapolis, Teva asked the FDA for permission to market a copy of Gemzar, and Lilly alleges that this would be a violation of their patents.
Lilly is seeking a declatory judgment that its patents are valid and that Teva would infringe the patents by manufacturing a generic version of the drug. Lilly is also seeking to prohibit Teva’s U.S. Division from using the patented technology.
