Fed. Circ. Won't Rethink Alimta Double Patenting Decision

Law360, New York (November 28, 2012, 6:16 PM EST) -- The Federal Circuit said Monday it wouldn't revisit its ruling that a patent for Eli Lilly & Co.'s chemotherapy drug Alimta is enforceable, denying generic-drug makers another chance to prove the patent is invalid for double patenting.

The appeals court denied a petition for an en banc rehearing filed by Teva Pharmaceutical Industries Ltd. and other generics makers, leaving in place the court's August ruling that Lilly's patent on pemetrexed — the active ingredient in Alimta — is valid until 2017.

The rejection also means the...
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