UK Supreme Court Rules In Lilly's Favor on Alimta Patents

July 18, 2017

The U.K. Supreme Court ruled that a competitor’s product directly and indirectly infringed on Eli Lilly and Co.’s patents for cancer vitamin Alimta in several European countries.

In the case of Actavis v. Eli Lilly, the court ruled an Actavis product would infringe on Lilly’s patent for the Alimta vitamin regimen regardless of the diluent used in reconstitution or dilution, countering a lower court’s decision.

In June of 2015, the U.K. Court of Appeal ruled the Alimta patent would be indirectly infringed when the generic product is reconstituted or diluted in saline, but not directly infringed under the doctrine of equivalents. Following this decision, Actavis—now a part of Teva Pharmaceuticals— launched pemetrexed Armisarte, previously Pemetrexed Actavis.

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