US appeals court rules Gemzar® patent invalid

17/B, Mahal Industrial Estate, Mahakali Caves Road, Andheri (East), Mumbai 400 093 India Tel.: (91-22) 6645 5645 Fax.: (91-22) 6645 5685 Registered Office : SPARC, Tandalja, Vadodara – 390 020. India Corporate Office : Acme Plaza, Andheri – Kurla Road, Andheri (East), Mumbai – 400 059. India FOR IMMEDIATE RELEASE US Appeals Court Rules Gemzar® Patent Invalid Affirms the District Court Judgment Sun Pharma, though not a first filer, triggered this successful patent challenge Mumbai, July 29, 2010: Sun Pharma today announced that the U.S. Court of Appeals for the Federal Circuit affirmed the judgment of the U.S. District Court for the Eastern District of Michigan against Eli Lily and Co. finding certain claims of U.S. Patent No. 5,464,826 (“’826 patent”) invalid. The appeal arose out of a lawsuit that Eli Lilly filed against Sun Pharma in connection with Sun Pharma’s submission of an Abbreviated New Drug Application (ANDA) for a generic version of Gemzar®. In the Michigan lawsuit, Eli Lilly had contented that Sun Pharma’s ANDA infringed certain claims from the ’826 patent and U.S. Patent No. 4,808,614 (“’614 patent”) that describe gemcitabine and its uses, the active ingredient in Gemzar®. Earlier the Michigan District Court had ruled against Eli Lily st ating that the asserted claims of the ’826 patent are invalid for obviousness-type double patenting over U.S. Patent No . 4,808,614 (“’614 patent”). The Appeals Court agreed with the ruling of the District Court, and noted that the Michigan Court had correctly followed the Federal Circuit’s precedent regarding double patenting. The ’826 patent, now ruled in valid, would have expired on November 7, 2012, and would have had pediatric exclusivity through May 7, 2013. The ’614 patent, not part of the appeal, expired on May 15, 2010, but has pediatric exclusivity through November 15, 2010. Gemzar® is a registered trademark of Eli Lilly and Co. About Sun Pharma Established in 1983, listed since 1994 and headquartered in In dia, Sun Pharma (Reuters: SU N.BO, Bloomberg: SUNP IN, NSE:SUNPHARMA, BSE: 524715) is an inte rnational, integrated, speciality pharmaceutical company. It manufactures and markets a large basket of pharmaceutical formulations as brande d generics as well as generics in India, US and several other markets across the world. In India, the company is a leader in niche therapy areas of psychiatry, neurology, cardiology, diabetology, gastroenterology, orthopedics and ophthalmolog y. The company has strong skills in product development, process chemistry, and manufacturing of co mplex API, as well as dosage forms. Mo re information about the company can be found at www.sunpharma.com. Contacts Uday Baldota Mira Desai Tel +91 22 6645 5645, Xtn 605 Tel +91 22 6645 5645, Xtn 606 Tel Direct +91 22 66455605 Tel Direct +91 22 66455606 Mobile +91 98670 10529 Mobile +91 98219 23797 E mail [email protected] E mail [email protected]

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