FDAnews Drug Daily Bulletin

Method Patent, Lilly Drug Patent Can Coexist, Fed. Circ. Rules

Aug. 28, 2012
An earlier patent on a method of deriving the chemotherapy drug Alimta does not render Eli Lilly’s later patent on the drug itself invalid for double patenting, the Federal Circuit ruled Friday, rejecting arguments by Teva Pharmaceutical Industries Ltd. and other generics makers.