German Supreme Court grants Eli Lilly appeal in Alimta patent case

The German Federal Supreme Court has granted Eli Lilly an appeal in the patent infringement case against its rival Actavis regarding the Alimta drug.

Eli Lilly claims that Actavis is planning to market a generic version of its vitamin regimen for Alimta (pemetrexed disodium) by also producing a dipotassium salt form of pemetrexed in Germany.

The Court of Appeal (Dusseldorf) had ruled back in March 2015 that the vitamin regimen patent for Alimta would not be infringed by Actavis.

But the Supreme Court vacated the previous decision.

“We are pleased with the ruling by the German Federal Supreme Court granting our appeal regarding infringement of Alimta’s vitamin regimen patent in Germany,” said Michael Harrington, senior vice president of Eli Lilly.

He added: “This ruling supports our continuing belief that Alimta’s vitamin regimen patent would be infringed by the entry of generic pemetrexed products, including alternative salt forms, in Europe prior to June 2021.”

The patent protection for Alimta’s compound expired in several European countries back in December 2015, but protection for the Alimta vitamin regimen is not due to expire until June 2021.