Andrulis sues Celgene over cancer patent
Andrulis Pharmaceuticals Corp has accused Celgene Corp of infringing and inducing the infringement of one of its patents related to a method of treating cancer.
In 2000, Andrulis received US patent 6,140,346, which covers the treatment of cancer with thalidomide alone or in combination with an alkylating agent.
Andrulis claims that Celgene has induced infringement of its patent by offering for sale Celgene’s cancer drugs Thalomid and Revlimid for use in combination with an alkylating agent (Alkeran) to treat cancers like multiple myeloma.
According to the complaint filed at the US District Court for the District of Delaware on October 2, Celgene knew about the patent at least as early as 2005 and cited it during prosecution of 22 of its own patents to the US Patent and Trademark Office.
Andrulis also claims that Celgene, via “medical liaisons or representatives”, encouraged doctors to prescribe Alkeran, Thalomid and Revlimid in the treatment of cancer, adding that those doctors who prescribed the drugs have also infringed Andrulis’ patent.
The US Food and Drug Administration has not approved the use of the three drugs together to treat any patients with multiple myeloma.
Andrulis seeks declaration of infringement and damages.
Celgene did not respond to a request for comment.
Already registered?
Login to your account
If you don't have a login or your access has expired, you will need to purchase a subscription to gain access to this article, including all our online content.
For more information on individual annual subscriptions for full paid access and corporate subscription options please contact us.
To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk