The appeal by Eli Lilly and Company in the case of Eli Lilly and Company v. Actavis has been granted by the German Federal Supreme Court.
The ruling will vacate the previous decision denying infringement. The case has since been moved back to the Court of Appeal in Dusseldorf
SVP and general counsel for Lilly, Michael J. Harrington, issued a statement about the trial.
"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,” he said. “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."
The case revolves around whether Lilly’s patent for Alimta was infringed upon by a company’s attempt to market a generic product in Germany.
"We continue to emphasize that protection of intellectual property rights is extremely important to the biopharmaceutical industry and the patients we serve," Harrington said. "Intellectual property rights provide assurances of market exclusivity that help support the development of the next generation of innovative medicines to treat unmet medical needs."
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