Eli Lilly and Company v. Actavis Group PTC ehf, Actavis Deutschland GmbH & Co. KG and the general manager of its managing entity; Dusseldorf District Court, judgment dated 3 April 2014, docket no. 4b O 114/12, with thanks to Andreas von Falck, Daniel Brook and Stephan Neuhaus, Hogan Lovells, for sending in the judgment, as well as a translation and a summary in English
On 3 April 2014, the Dusseldorf District Court issued an injunction against Actavis Group PTC ehf based on equivalent patent infringement of the German part of Lilly's dosing regimen patent EP 1 313 508. The patent protects the approved use of Lilly's anti-cancer drug Alimta with Vitamin B12. The injunction prohibits Actavis Group PTC ehf from importing or marketing a generic medicament which contains pemetrexed dipotassium (the claim of Lilly's patent refers to pemetrexed disodium as does the marketing authorisation for Alimta) after expiry of Lilly's compound SPC on pemetrexed in December 2015 in Germany. The complaint was dismissed as regards Actavis Deutschland and its general manager. The judgment is not final and can be appealed.