U.S. Court of Appeals ruled in favor of Eli Lilly, confirming that the Alimta vitamin regimen patent would be infringed by competitors with an alternative salt form of pemetrexed prior to the patent expiry.
Eli Lilly and Company announced that the U.S. Court of Appeals for the Federal Circuit ruled in favor of Lilly, confirming that the Alimta (pemetrexed for injection) vitamin regimen patent would be infringed by competitors that had stated their intent to market alternative salt forms of pemetrexed prior to the patent's expiration in May 2022. The ruling came in the appeals of U.S. District Court decisions in the cases of Eli Lilly and Company v. Dr. Reddy's Laboratories and Eli Lilly and Company v. Hospira, Inc. Previous rulings in Lilly's favor had precluded the generic companies from launching the alternative salt forms until the patent expires.
If the patent is ultimately upheld through all remaining challenges, Alimta would maintain U.S. exclusivity until May 2022, preventing marketing of generic products for as long as the patent remains in force.