Lilly Wins Appeal Ruling on Alimta
Eli Lilly and Company (NYSE: LLY) has announced that the U.S. Court of Appeals for the Federal Circuit has ruled in the company’s favor regarding patentability of the vitamin regimen for Alimta. The decision upholds an October 2017 decision by the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office.
Lilly says the 2017 proceedings initiated by Chicago-based Neptune Generics LLC and New Jersey-based Sandoz Inc. in 2017 found that the claims of the vitamin regimen patent are valid. Neptune, Fresenius Kabi and Mylan filed an appeal, which was overturned last week.
"We are pleased with today’s ruling by the Appeals Court finding the claims of the Alimta vitamin regimen patent are valid," said Michael Harrington, senior vice president and general counsel for Lilly. "This ruling confirms the earlier decision of the both the PTO and the district court, which was affirmed on appeal by a unanimous court.
If the patent is ultimately upheld through all remaining challenges, Alimta would maintain U.S. exclusivity until May 2022, preventing marketing of generic products for as long as the patent remains in force.