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Lilly Oncovin v. International Pharmaceutical vincristine

Executive Summary

Lilly is asserting in a public statement that International Pharmaceutical's Dec. 8 letter informing Lilly of its intent to market generic vincristine was "not proper notification" under Waxman/Hatch. "Among other things," Lilly said, "the letter did not contain a detailed statement of the factual and legal basis for International Pharmaceutical's opinion that their product would not infringe the Lilly patent." Lilly said it "will take appropriate measures to protect its interests" if it determines, upon receiving "sufficient information," that International Pharmaceutical's product infringes the Oncovin patent. FDA is expected to look at International Pharmaceutical's vincristine application again.
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