INDIANAPOLIS, January 12,2017 /PRNewswire/ --
Eli Lilly and Company (NYSE: LLY) today announced that the U.S.
Court of Appeals for the Federal Circuit has upheld the district
court's decision and ruled in the company's favor regarding
validity and infringement of the vitamin regimen patent for
Alimta® (pemetrexed for injection).
In the case of Eli Lilly and Company v. Teva Parenteral
Medicines, Inc., et al., the court affirmed the earlier
district court's rulings that the vitamin regimen patent is valid
and would be infringed by the generic challengers' proposed
products. If the patent is ultimately upheld through all remaining
challenges, Alimta would maintain U.S. exclusivity until
May 2022, preventing marketing of
generic products for as long as the patent remains in force. The
Alimta compound patent remains in force through January 24, 2017.
In March 2014, the U.S. Court for
the Southern District of Indiana
upheld the validity of the vitamin regimen patent. In August 2015, the same court ruled in Lilly's
favor regarding infringement of the vitamin regimen patent.
"We are pleased with today's ruling by the Court of Appeals,
affirming the earlier district court's decisions, finding the
Alimta vitamin regimen patent is valid and would be infringed,"
said Michael J. Harrington, senior
vice president and general counsel for Lilly. "The significant
scientific research that Lilly performed in support of the vitamin
regimen patent deserves intellectual property protection, which has
been confirmed in every validity challenge to date. We continue to
emphasize that protection of intellectual property rights is
extremely important to the biopharmaceutical industry and the
patients we serve. These rights help support the development of the
next generation of innovative medicines to treat unmet medical
needs."
About Eli Lilly and Company
Lilly is a global healthcare leader that unites caring with
discovery to make life better for people around the world. We were
founded more than a century ago by a man committed to creating
high-quality medicines that meet real needs, and today we remain
true to that mission in all our work. Across the globe, Lilly
employees work to discover and bring life-changing medicines to
those who need them, improve the understanding and management of
disease, and give back to communities through philanthropy and
volunteerism. To learn more about Lilly, please visit us at
www.lilly.com and http://newsroom.lilly.com/social-channels.
C-LLY
This release contains forward-looking statements regarding the
U.S. Alimta patent litigation. These statements are based on
management's current expectations but actual results may differ
materially. There can be no assurance that the company will prevail
in any appeal. Also, the company cannot predict whether generic
pemetrexed will be marketed prior to the expiration of the vitamin
regimen patent. Other risk factors that may affect the company's
results can be found in the company's latest Forms 10-K and 10-Q
filed with the U.S. Securities and Exchange Commission.
Alimta® (pemetrexed, Lilly)
Refer to: Lauren Zierke; lauren_zierke@lilly.com; (317) 277-6524 (Media)
Phil Johnson; johnson_philip_l@lilly.com; (317) 655-6874 (Investors)
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