Apotex Loses Again On Alternate Salt Alimta In US

Federal Circuit Affirms Finding Of Infringement Under Doctrine Of Equivalents

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

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