Doctrine Of Equivalents Trips Reddy’s And Pfizer On Pemetrexed

 
• By Aidan Fry

Hybrid 505(b)(2) rivals to Lilly’s Alimta from Dr Reddy’s and Pfizer do not literally infringe a key method-of-treatment patent protecting the pemetrexed brand until May 2022. But their alternative salts infringe under the doctrine of equivalents, the US Court of Appeals has confirmed.

Babies
Using a vaguely similar, but not identical, salt form is enough to infringe, even if the patent identifies a specific salt, the US Court of Appeals says • Source: Shutterstock

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