Fresenius Faces French Damages Over Alimta
Eli Lilly Claims Victory In Dispute On Pemetrexed Patent
Fresenius Kabi must pay Eli Lilly €28m in damages after a French court of first instance found that the generics firm’s pemetrexed infringed intellectual property protecting the Alimta chemotherapy brand. The German firm has commented on possible next steps.
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In its half-year report, Stada has confirmed it continues to face the threat of damages from Eli Lilly, following its ‘at-risk’ launch in Germany of an alternative to the originator’s Alimta in July 2018.
Germany’s federal patent court, the Bundespatentgericht, has declared invalid the German section of European patent EP1,313,508 that protects Eli Lilly’s Alimta (pemetrexed) cytostatic drug until 2021. Stada’s Stadapharm subsidiary immediately capitalised on the ruling, which has not yet been published, to launch a generic rival in the German group’s domestic market.
The UK Supreme Court has shaken up the test for equivalent infringement in the UK, which is good news for patent owners out to catch infringers.