Court Sides With Lilly on Alimta Case

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INDIANAPOLIS -

The latest in a string of patent infringement cases involving Indianapolis-based Eli Lilly and Co. (NYSE: LLY) has ended positively for the pharmaceutical giant. The U.S. District Court for the Southern District of Indiana has ruled in favor of Lilly, preventing a competitor from launching an alternative form of its Alimta vitamin regimen.

The court ruled that Lilly's patent for Alimta would be infringed upon if India-based Dr. Reddy's Laboratories had moved forward with the launch of its proposed product prior to the patent's expiration in May 2022. The ruling follows a separate decision from the court earlier this month that favored Lilly in a similar case against Illinois-based Hospira Inc.

The rulings mean both companies are prevented from releasing their products until the patent expires. Lilly says it expects both companies to appeal.

"We are pleased with today's District Court ruling finding the Alimta vitamin regimen patent would be infringed by the competitor's proposed products," said Michael Harrington, senior vice president and general counsel for Lilly. "Lilly's extensive research to discover the Alimta vitamin regimen patent deserves intellectual property protection. We depend on strong and effective intellectual property protection to support our investment in the next generation of breakthrough medicines."

Last October, the U.S. Patent and Trademark Office ruled in Lilly's favor on the validity of the patent protection for Alimta. Lilly has faced similar cases over the past several years throughout the world, including a positive ruling from the supreme court in the United Kingdom last July.

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