German Appeal Court Says Generic Product Would Not Infringe Eli Lilly's Alimta

(RTTNews) - Eli Lilly and Co. (LLY) Friday received an unfavourable verdict in the German court of appeal on exclusivity of its vitamin regimen Alimta or pemetrexed disodium. The court said the generic competitor Actavis Plc's (ACT) dipotassium salt form of pemetrexed would not infringe Alimta. The patent for the Eli Lilly's product is due to expire in December 2015. In the case Eli Lilly Vs. Actavis, the appeal court vacated a decision of the Regional Court of Dusseldorf in April last year.

Michael Harrington, senior vice president and general counsel for Lilly said, "We strongly disagree with the ruling by the German Court of Appeal regarding Alimta's vitamin regimen patent."

Harrington also noted that, "We continue to believe that Alimta's vitamin regimen patent would be infringed by the entry of generic pemetrexed products, including alternative salt forms, in Europe prior to June, 2021. We will seek permission to appeal this ruling to the German Supreme Court."

Lilly's vitamin regimen patent was upheld in a prior ruling by the Opposition Division of the European Patent Office. An appeal is pending before the Technical Board of Appeal of the European Patent Office.