Indianapolis-based Eli Lilly and Co. (NYSE: LLY) has claimed another favorable ruling in a long-running legal battle regarding potential patent infringement by a competitor. The U.S. Court of Appeals for the Federal Circuit has upheld a district court ruling that validates Lilly’s patent protection on a vitamin regimen for the drug Alimta. If all remaining challenges are upheld, Lilly will maintain U.S. exclusivity on the compound until May 2022.
The U.S. Court for the Southern District of Indiana has twice previously upheld the validity of Lilly’s patent. The ruling says Teva Parenteral Medicines Inc.’s proposed generic products would infringe upon the intellectual property rights of Lilly.
In a statement, Lilly General Council Michael Harrington said "we are pleased with today’s ruling by the Court of Appeals, affirming the earlier district court’s decisions, finding the Alimta vitamin regimen patent is valid and would be infringed. The significant scientific research that Lilly performed in support of the vitamin regimen patent deserves intellectual property protection, which has been confirmed in every validity challenge to date. We continue to emphasize that protection of intellectual property rights is extremely important to the biopharmaceutical industry and the patients we serve. These rights help support the development of the next generation of innovative medicines to treat unmet medical needs."
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