US pharma major Eli Lilly (NYSE: LLY) says that the US District Court for the Southern District of Indiana has ruled in the company's favor regarding the vitamin dosage regimen patent for its cancer drug Alimta (pemetrexed for injection).
In the case of Eli Lilly and Company v Teva Parenteral Medicines Inc et al, the court ruled the vitamin dosage regimen patent is valid and enforceable. The patent provides intellectual property protection for Alimta until 2022. Alimta's compound patent remains in force through early 2017. The drug generated $2.7 billion sales last year and is the second-largest seller for Lilly, which is facing generic competition for other of its leading products.
US District Judge Tanya Walton Pratt said the generic drug companies failed to show that the patent's claims were invalid for obviousness, noting that the method of administering B12 with folic acid would not have been obvious to a person skilled in oncology or nutrition.
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