UK Supreme Court Rules In Favor Of Lilly On Alimta Vitamin Regimen Patents

(RTTNews) - Eli Lilly and Co. (LLY) said 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.

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.