United States Federal Circuit

Sun Pharm. Indus. Ltd. v. Eli Lilly & Co., 10-1105

In a generic drug manufacturer's suit for a declaratory judgment against Eli Lilly, seeking declaratory relief that a patent related to treating various forms of cancer is invalid and not infringed, district court's judgment finding certain claims of the patent invalid for obviousness-type double patenting over another patent is affirmed as the district court correctly followed the double patenting analysis of the Geneva line of cases, which address the situation in which an earlier patent claims a compound, disclosing the utility of that compound in the specification, and a later patent claims a method of using that compound for a particular use described in the specification of the earlier patent.

Appellate Information

• Submitted 07/28/2010
• Decided 07/28/2010
• Published 07/28/2010

Judges

• PROST

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• James F. Hurst, Charles E. Lipsey

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