U.K. Court Says Generics Infringe on Lilly's Alimta Patents
July 07 2017 - 11:31AM
Dow Jones News
By Ali Stratton
Eli Lilly & Co. said Friday the U.K. Supreme Court has ruled
that a rival's product directly infringes on its patents for
cancer-treatment drug Alimta in several European countries, a
breakthrough in the Indianapolis drugmaker's effort to protect
market exclusivity for its third-largest product by revenue.
The decision in the patent-infringement suit reversed a
lower-court ruling last year that would have allowed competitors
such as Actavis, now part of Teva Pharmaceutical Industries Ltd.,
from making a generic form of Alimta before the patent expires in
June 2021. The Supreme Court also upheld the U.K. Court of Appeal's
ruling the products from Actavis indirectly infringed on Lilly's
patents as well.
The court's full judgment is expected to be handed down
Wednesday.
Actavis filed suit more than three years ago to commercialize
alternative forms of pemetrexed, the active ingredient in Alimta,
diluted in saline solution, claiming it wouldn't infringe on
patents for Alimta in the U.K., France, Italy and Spain.
Teva completed its $40.5 billion acquisition of Actavis from
Allergan PLC in 2016. Teva didn't immediately respond to a request
for comment on the court decision.
Lilly, in a statement issued Friday, said it was pleased with
the ruling. It has previously said it believed the Alimta vitamin
regimen patents were "valid and enforceable" against generic drug
manufacturers.
Alimta treats mesothelioma, a rare cancer linked to asbestos
exposure. Sales of the product totaled about $2.28 billion for
Lilly in 2016, about 11% of its overall revenue.
The drug consists of the compound patent, which covers the basic
chemical composition of the drugs. A second patent -- the one that
was under review -- covers the method of administering Alimta to
patients with certain vitamins designed to mitigate side
effects.
Lilly's shares, up 11% this year, fell 0.1% to $81.52 Friday.
Shares in Teva fell 1% to $31.46.
Write to Ali Stratton at ali.stratton@wsj.com
(END) Dow Jones Newswires
July 07, 2017 11:16 ET (15:16 GMT)
Copyright (c) 2017 Dow Jones & Company, Inc.
Eli Lilly (NYSE:LLY)
Historical Stock Chart
From Mar 2024 to Apr 2024
Eli Lilly (NYSE:LLY)
Historical Stock Chart
From Apr 2023 to Apr 2024