Method Patent, Lilly Drug Patent Can Coexist, Fed. Circ. Rules

Law360, New York (August 24, 2012, 8:37 PM EDT) -- An earlier patent on a method of deriving the chemotherapy drug Alimta does not render Eli Lilly & Co.'s later patent on the drug itself invalid for double patenting, the Federal Circuit ruled Friday, rejecting arguments by Teva Pharmaceutical Industries Ltd. and other generics makers.

The doctrine of obviousness-type double patenting prohibits a second patent from including claims that are not patentably distinct from an earlier patent. While Teva argued that Eli Lilly's patent on a chemical that can be used to make a variety of...
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