Patent Law Practice Center

CAFC Upholds Validity of Lilly’s Alimta Compound Patent

Earlier today, the United States Court of Appeals for the Federal Circuit affirmed an earlier District Court decision regarding the validity of Eli Lilly’s compound patent for Alimta^® (pemetrexed). The compound patent provides protection for Alimta in the U.S. through January of 2017 and, as the result of this Federal Circuit decision, the relevant claims have had their validity confirmed.  See Eli Lilly Co. v. Teva Parenteral Medicines, Inc. et al (August 24, 2012).

“We are pleased with today’s ruling from the Court of Appeals affirming the validity of the compound patent for Alimta,” said Robert A. Armitage, senior vice president and general counsel for Lilly. “By affirming the district court ruling, we believe that the Court fairly applied long-standing patent law principles. Protection of intellectual property rights is extremely important to the biopharmaceutical industry and the physicians and patients we serve, as these rights help support the development of the next generation of innovative medicines to treat unmet medical needs.”

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