Eli Lilly Says UK Supreme Court Ruled In Its Favor On Alimta Vitamin Regiment Patents

By Ciara Linnane Markets MarketWatch Pulse

Eli Lilly & Co. said Friday the UK Supreme Court has ruled in its favor in a patent suit with Actavis, which now trades as Allergan Plc . The court found that Actativs's products directly infringe Lilly's vitamin regiment patents in the UK, France, Italy and Spain, Lilly said in a statement. The court also affirmed an indirect infringement finding by the UK Court of Appeal, with a final judgment to be handed down on July 12. The appeals court ruled in 2015 that the Alimta vitamin regiment patent would be directly infringed when the generic product is reconstituted or diluted in saline. "Following this decision, Actavis launched pemetrexed Armisarte, previously Pemetrexed Actavis, at risk," said the statement. "Today's announcement by the UK Supreme Court finds the Actavis product infringing, regardless of the diluent used in reconstitution or dilution." Neither stock was active in premarket trade. Lilly shares have gained 11% in 2017 so far, while the S&P 500 has gained 7.6%.

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