Supreme Court Refuses To Review Pemetrexed Case
Alimta Litigation Revolved Around Doctrine Of Equivalents
The US Supreme Court has refused a certiorari petition to review a decision involving Dr Reddy’s and Pfizer over Eli Lilly’s Alimta that revolved around the doctrine of equivalents.
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Hybrid 505(b)(2) rivals to Lilly’s Alimta from Dr Reddy’s and Pfizer do not literally infringe a key method-of-treatment patent protecting the pemetrexed brand until May 2022. But their alternative salts infringe under the doctrine of equivalents, the US Court of Appeals has confirmed.