Lilly Lands Another Favorable Ruling on Alimta
Lilly last month detailed plans to invest $850 million into its U.S. operations this year.
Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndianapolis-based Eli Lilly and Co. (NYSE: LLY) has received another positive ruling in a potential patent infringement case. The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board has ruled in favor of Lilly’s patent protection of a vitamin regimen for the drug Alimta.
Lilly says the U.S. PTO review was initiated by Chicago-based Neptune Generics LLC and New Jersey-based Sandoz Inc., however the office says Lilly’s claims of the vitamin regimen patent are valid. The decision is in line with previous rulings from the U.S. Court for the Southern District of Indiana and, most recently, the U.S. Court of Appeals for the Federal Circuit.
"We are pleased with today’s ruling by the U.S. PTO finding the claims of the Alimta vitamin regimen patent are valid," said Michael Harrington, senior vice president and general counsel for Lilly. "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."
Lilly says if the patent is upheld through all remaining legal challenges, the company would maintain U.S. exclusivity until May 2022. Lilly did not specify the number of remaining challenges or when rulings on them are expected to be reached.