Teva loses lung cancer drug patent appeal

The US Court of Appeals for the Federal Circuit ruled that Eli Lilly's patents for Alimta are valid through 2017.

Teva Pharmaceutical Industries Ltd. (NYSE: TEVA; TASE: TEVA) has lost its appeal against Eli Lilly & Co. (NYSE: LLY) in the patent infringement case over its lung cancer drug Alimta. The US Court of Appeals for the Federal Circuit ruled that Eli Lilly's patents are valid through 2017, affirming the US Federal District Court for the District of Delaware ruling.

Brand Alimta had $2.5 billion in annual sales in 2011, making it Eli Lilly's third largest product.

Teva had argued that Eli Lilly had patented a compound that was little different from what was covered by two earlier patents. The three-judge panel said the lower court was correct to rule that the 2017 patent is distinct from the earlier inventions.

Teva spokeswoman Denise Bradley declined to comment on the ruling.

Published by Globes [online], Israel business news - www.globes-online.com - on August 26, 2012

© Copyright of Globes Publisher Itonut (1983) Ltd. 2012

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