The German Court of Appeal has ruled that US pharma major Eli Lilly’s (NYSE:LLY) vitamin regimen patent for its lung cancer drug Alimta (pemetrexed disodium) would not be infringed by generic competitor Actavis (NYSE: ACT) that intends to market a dipotassium salt form of pemetrexed in Germany once the compound patent expires in December 2015.
The German Court ruled in favor of the generic competitor in the case of Eli Lilly and Company versus Actavis. This decision vacated the prior decision of the Regional Court of Dusseldorf in April 2014. Lilly’s share fell 3.1% to $68.41 by close of trading on Friday.
The compound patent for Alimta in Germany remains in force and is expected to provide exclusivity through December 2015. For the full year of 2014, worldwide Alimta sales increased 3% to $2.79 billion.
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