By Angela Chen
Eli Lilly & Co. won a patent case in the U.K. that prohibits
competitors from making a generic form of its key Alimta cancer
drug before the patent expires in 2021.
Shares of Lilly increased about 1.8% in premarket trading.
The plaintiff, Actavis PLC, may seek permission to appeal to the
U.K. Supreme Court. Representatives for the two companies weren't
immediately available for comment.
Alimta treats mesothelioma, a rare cancer linked to asbestos
exposure. It generated 11% of the company's total revenue in 2012
and consists of two patents. The compound patent covers the basic
chemical composition of the drugs. A second patent, the one under
review, covers the method of administering Alimta to patients with
certain vitamins designed to mitigate side effects.
The Court of Appeals argues that commercializing the generic
vitamins as proposed "would constitute indirect infringement by
supplying an essential means for putting the patented invention
into effect."
It also granted that this ruling covered laws in France, Italy
and Spain and reversed prior decisions regarding patents in those
countries.
In March, Eli Lilly had lost a similar lawsuit in Germany. Lilly
has asked for permission to appeal that ruling.
Write to Angela Chen at angela.chen@dowjones.com
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