Eli Lilly Beats Generic Cancer Drug Again At Fed. Circ.

By Andrew Karpan (December 22, 2020, 4:40 PM EST) -- The Federal Circuit has handed Eli Lilly another win in its efforts to block generic-drug manufacturers from rivaling its blockbuster cancer treatment drug Alimta, rejecting an argument from Apotex that Eli Lilly's patent was constructed too narrowly.

On Monday, the three-judge panel upheld an Indiana federal judge's ruling last year that Apotex Inc.'s planned generic version of Eli Lilly and Co.'s chemotherapy drug Alimta infringes an Eli Lilly patent under the doctrine of equivalents, meaning its proposed product didn't literally infringe but was close enough to have been found liable. The ruling came a year after the Federal Circuit ruled that...

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