Eli Lilly (LLY) said late Thursday that the U.S. Patent and Trademark Office ruled in the company’s favor regarding the patentability of the vitamin regimen for Alimta. Shares drifted slightly lower in the post market.
In the inter partes review proceedings initiated by Neptune Generics and Sandoz, the patent trial and appeal board found that the claims of the vitamin regimen patent are valid, according to a statement.
If the patent is ultimately upheld through all remaining challenges, Alimta would maintain U.S. exclusivity until May 2022, preventing marketing of generic products for as long as the patent remains in force.
“This ruling largely confirms the earlier decision of the district court which was affirmed on appeal by a unanimous court,” said Michael Harrington, the general counsel for Lilly.