According to press release, on July 17, 2018, the German Federal Patent Court had declared the German section of European patent EP 1313508 for Alimta® (expiring on 2021), invalid in the first instance, on the basis of a suit filed by pharmaceutical companies including STADA Arzneimittel AG, paving the way for generic launch.
Previously in Jun 2016, German Supreme court in Eli Lilly and Company v. Actavis case vacated Court of Appeal‘s (Dusseldorf) decision of non-infringement. The German Supreme Court then returned the case for further proceedings. The case concerned 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.
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