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Apotex Loses Again On Alternate Salt Alimta In US

Federal Circuit Affirms Finding Of Infringement Under Doctrine Of Equivalents

 
• By Dean Rudge

Apotex’ 505(b)(2) new drug application rival to Alimta will stay off the US market after the Federal Circuit found that a lower court had correctly concluded that prosecution history estoppel did not bar Lilly’s infringement claims against the Canadian firm under the doctrine of equivalents.

Gavel
The Federal Circuit did not need to consider an argument of tangentiality raised by Lilly • Source: Shutterstock

Competition for Eli Lilly’s Alimta (pemetrexed) blockbuster continues to elude the US market after the US Court of Appeals for the Federal Circuit ruled that a lower court was correct to grant the originator’s motion for summary judgment of infringement against 505(b)(2) new drug application sponsor Apotex under the doctrine of equivalents.

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