INDIANAPOLIS, July 07,2017 /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.
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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
http://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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