INDIANAPOLIS, July 7, 2017 /PRNewswire/ -- Eli Lilly and
Company (NYSE: LLY) today announced that the UK Supreme Court has
decided in the litigation relating to alternative salt forms of
Alimta® (pemetrexed disodium) that Actavis's products
directly infringe Lilly's vitamin regimen patents in the UK,
France, Italy and Spain. The UK Supreme Court also affirmed the
indirect infringement finding by the UK Court of Appeal. The full
judgment is scheduled to be handed down on Wednesday, July 12, 2017. The ruling came in the
case of Actavis v. Eli Lilly and Company.
In June of 2015, the UK Court of Appeal ruled the Alimta vitamin
regimen 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 launched pemetrexed Armisarte, previously
Pemetrexed Actavis, at risk. Today's announcement by the UK Supreme Court finds
the Actavis product infringing, regardless of the diluent used in
reconstitution or dilution.
"While we do not yet know the court's reasoning, we are pleased
with the UK Supreme Court's key conclusions that confirm the Alimta
vitamin regimen patent would be infringed by these generic
pemetrexed products in the UK, France, Italy
and Spain prior to June 2021," said Michael
J. Harrington, senior vice president and general counsel for
Lilly.
Harrington continued, "We continue to emphasize that protection
of intellectual property rights is extremely important to the
biopharmaceutical industry and the patients we serve. Intellectual
property rights provide assurances of market exclusivity that 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
European 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 future litigation. Also, the company cannot predict whether
generic pemetrexed will be marketed prior to the resolution of this
litigation. 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; +1
317-277-6524 (U.S. Media)
Louisa
Stevenson; ukpublicaffairs@lilly.com; +44 1256 775374 (U.K.
Media)
Phil Johnson;
johnson_philip_l@lilly.com; +1 317-655-6874 (Investors)
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visit:http://www.prnewswire.com/news-releases/uk-supreme-court-rules-in-lillys-favor-on-alimta-vitamin-regimen-patents-300484550.html
SOURCE Eli Lilly and Company