LLY’s 5,464,826 “use” patent will probably not hold but the compound patent expires on November 15, 2010, so I assume Teva thinks the compound patent is strong and the risk is not worth if they can get a "clean" launch on Nov. 2010. Anyway Teva has to give 3 months notice to LLY before.
Teva and APP announced today the commercial launch of Gemcitabine HCI for Injection in 200 mg and 1 g single dose vials, the generic version of Gemzar.