German Supreme Court grants Lilly appeal in Alimta vitamin regimen patent lawsuit

The German Federal Supreme Court has granted the appeal by US pharma major Eli Lilly (NYSE: LLY) in the case of Eli Lilly and Company v Actavis, vacating the prior decision denying infringement. Actavis is the generics business of Allergan (NYSE: AGN).

The German Supreme Court returned the case to the Court of Appeal (Dusseldorf) for further proceedings. The case concerns whether Lilly's vitamin regimen patent for cancer drug Alimta (pemetrexed disodium) would be infringed by a generic competitor that had stated an intention to market a dipotassium salt form of pemetrexed in Germany.

"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 and general counsel for Lilly, adding: "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."