Pemetrexed - Europe

EP1313508 patent owned by Lilly covers combination containing pemetrexed disodium (ALIMTA) with vitamin B12 & folic acid for treatment of certain cancer (lung cancer). Generic filers developed different salt of pemetrexed. Below are some those recent infringement outcomes in major countries across Europe for EP’508 (expiring on Jun 15, 2021).

Netherlands: On May 08, 2018, Court of Appeal the Hague denied appeal filed by Fresenius / Teva & affirmed lower court’s decision of infringement.

Sweden: On 31 Jan 2018, the Swedish court granted Lilly the infringement order against Actavis.

Finland: On 29 Dec 2017, the Finnish judge granted an infringement ban against Actavis and Ratiopharm at the request of Lilly.

Austria: On 22 Dec 2017, the court imposed a ban on Fresenius Kabi in an inter partes procedure.

Denmark: On 8 Dec 2017, the Danish Maritime and Commercial Court granted Lilly a preliminary injunction against Fresenius Kabi.

Switzerland: On 20 Oct 2017, the Bundesgericht annulled the decision of lower court and held that the product Amtiris® marketed by Actavis infringes EP 508.

Italy: On 10 Sept 2017, Milan court held that Fresenius did not infringe EP’508 with its pemetrexed tromethamine product. The pending appeal is not yet decided.

United Kingdom: On 12 July 2017, the UK Supreme court ruled that the scope of protection of EP’508 also extends to salts other than pemetrexed disodium.

Germany: In Nov 2016, the Landgericht München imposed an ex parte ban based on direct infringement of the German part of EP 508 on the grounds of equivalence.