Indianapolis-based Eli Lilly and Co. (NYSE: LLY) has received another favorable ruling regarding the patent for its vitamin regimen Alimta. The ruling from the U.S. District Court for the Southern District of Indiana is the latest in a string of court victories for Lilly regarding the patent, which date back to 2014.
The latest ruling involves a competitor, Toronto-based Apotex Inc., which had stated its intent to market alternative salt forms of the vitamin regimen, also known as pemetrexed, before Lilly’s patent expires in May 2022. The court said to do so would be an infringement of Lilly’s patent.
As a result of the ruling, Apotex will be prevented from launching its alternative salt form of the regiment until the patent expires. Lilly says it expects Apotex to appeal the decision.
“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, 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.”
According to the Lilly website, Alimta is used as a first treatment to fight non-squamous non-small cell lung cancer.
In August, the U.S. Court of Appeals for the Federal Circuit Court ruled in favor of Lilly in appeals by both Dr. Reddy’s Laboratories Ltd. and Hospira Inc. Lilly has also received favorable rulings from U.S. Patent and Trademark Office, as well as international courts.