The court ruled that Actavis would not infringe
dosage patents held by Lilly if it marketed certain alternative salt
forms of the drug in Britain and several other European countries
when Alimta compound patents expire in 2015.
Lilly also has further UK patents valid to 2021.
The court granted corresponding declarations of non-infringement
regarding Alimta's vitamin dosage regimen patents in France, Italy
Lilly said it intended to appeal the decision.
Lilly is fighting other suits against the Alimta patent. A regional
court in Germany recently ruled for Lilly on Alimta's vitamin dosage
regimen patent. That case is under appeal.
In Indianapolis, where Lilly is based, a court is weighing the
patent on the way the drug is administered in a case brought by
generics maker Teva Pharmaceutical Industries Ltd TEVA.TA. If Lilly
wins, it would extend its hold on Alimta until 2022.
Lilly's global sales of lung cancer drug Alimta were $632 million in
the first quarter.
[to top of second column]
(Reporting by Ben Hirschler; editing by Tom Bergin)
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