INDIANAPOLIS, June 14, 2016 /PRNewswire/ -- The German Federal
Supreme Court has granted the appeal by Eli Lilly and Company
(NYSE: LLY) in the case of Eli Lilly and Company v. Actavis,
vacating the prior decision denying infringement. The German
Supreme Court returned the case to the Court of Appeal
(Dusseldorf) for further
proceedings. The case concerns whether Lilly's vitamin regimen
patent for Alimta® (pemetrexed disodium) would be
infringed by a generic competitor that had stated an intention to
market a dipotassium salt form of pemetrexed in Germany.
"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," said Michael
J. Harrington, senior vice president and general counsel for
Lilly. "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."
Harrington also stated, "We continue to emphasize that
protection of intellectual property rights is extremely important
to the biopharmaceutical industry and the patients we serve.
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."
The separate infringement proceeding and validity challenge with
Hexal AG will continue unaffected by this ruling. The preliminary
injunction against Hexal was confirmed by the German Court in late
May 2016 and will stay in force
pending any further appeal by Hexal and the outcome of the cases on
the merits. The separate infringement proceedings with ratiopharm
GmbH should continue, taking this ruling into
account.
In major European countries, the compound protection for Alimta
expired in December 2015. The patent
protection for the Alimta vitamin regimen will expire in
June 2021.
About Eli Lilly and Company
Lilly is a global
healthcare leader that unites caring with discovery to make life
better for people around the world. We were founded more than a
century ago by a man committed to creating high-quality medicines
that meet real needs, and today we remain true to that mission in
all our work. Across the globe, Lilly employees work to discover
and bring life-changing medicines to those who need them, improve
the understanding and management of disease, and give back to
communities through philanthropy and volunteerism. To learn more
about Lilly, please visit us at www.lilly.com and
newsroom.lilly.com/social-channels. C-LLY
This release contains forward-looking statements regarding
Germany Alimta patent litigation. These statements are based on
management's current expectations, but actual results may differ
materially. There can be no assurance that the company will prevail
in any appeal. Also, the company cannot predict whether generic
pemetrexed will be marketed prior to the resolution of this
litigation. Other risk factors that may affect the company's
results can be found in the company's latest Forms 10-K and 10-Q
filed with the U.S. Securities and Exchange Commission. Lilly
undertakes no duty to update forward-looking statements except as
required by law.
Refer to: Lauren Zierke;
lauren_zierke@lilly.com; +1 317-277-6524 (U.S.
media)
Katrin
Blank; pressestelle@lilly.com; +49 6172 273-2738 (German
media)
Phil
Johnson; johnson_philip_l@lilly.com; +1 317-655-6874
(Investors)
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SOURCE Eli Lilly and Company