Lilly loses out in UK Alimta vitamin dosage regimen patent law suit

US pharma major Eli Lilly (NYSE: LLY) says that the English High Court has determined that the vitamin dosage regimen patents for lung cancer drug Alimta (pemetrexed) would not be infringed by a generic competitor, Ireland-headquartered generic giant Actavis (NYSE: ACT) that has stated an intent to market certain alternative salt forms of pemetrexed in several European countries on expiry of the Alimta compound patents in 2015.

The UK court ruled that Alimta's vitamin dosage regimen patent would not be infringed by a generic competitor that had stated its intent to market certain alternative salt forms of pemetrexed in the UK prior to the UK patent's expiration in mid-2021. In addition, the court granted corresponding declarations of non-infringement regarding Alimta's vitamin dosage regimen patents in France, Italy and Spain. Lilly plans to seek permission to appeal the ruling to the Court of Appeal.

Implications for broader European patent protection