Over the years, Eli Lilly and Company (Eli Lilly) I've been on pemetrexed (Pemetrexed) Fighting with several generic drug makers. however, Recently, the innovative company's claim for damages against the American company was rejected by the Paris Court of Justice.

The dispute between the two sides stems from an item NoEP1313508Patent for. Eli Lilly's patent protects a combination of pemetrexed disodium salt and vitaminsB12Approach to. The patent application for this drug is called "Swiss type of claim" In the form of written, Its trade name is for chemotherapy "Libitate (Alimta) " .

Since the patent is already in2021Expire mid-year, So the focus of the lawsuit is mainly on damages.

High compensation

2020years9month, In contrast to its rival Fresenius Kabi (Fresenius Kabi) Arise in the dispute, The Paris Court of Justice awarded damages to Eli Lilly and Company2800Ten thousand euros. And in another together withZentivaIn the middle of a corporate dispute, The court of first instance is2021years1The judgment made in October is available to Eli Lilly and Company400Temporary damages of €10, 000. merely, The decision was later overturned on appeal. The court noted that, Potential damages should be dealt with as appropriate in the course of litigation.

2019years11month, Eli Lilly and its French subsidiary, The French company Eli Lilly (Lilly France) , Xiang Huizhi Corporation's predecessor, Mylan Corporation (Mylan) Filed a lawsuit. According to the plaintiff, Mylan's generic version uses pemetrexed in a different salt and in the form of pemetrexed diarginine, So it infringes on their patent rights.

Allegations of unfair competition

At the same time, Eli Lilly also alleges that this infringement should be "Acts of unfair competition" . The plaintiff demanded compensation from the defendant250Temporary damage of 10, 000 euros, summation25. 5The cost of 10, 000 euros. In order to assess the actual damage caused, The plaintiff also asked the defendant to disclose2014years12Lunar solstice2021years6Information relating to the sale of generic drugs during the month. This disclosure process will take place within the confidential Club.

therewith, Hui to the company to argue, EP131350Patent No. 1 is invalid, And dismissed the infringement claims and allegations of unfair competition. The defendants also requested that Eli Lilly be excluded from any secrecy club that had been formed.

Because the French Eli Lilly company only produces pemetrexed in France for the American Lilly Group, It is not the patent owner, Nor is he a licensee, Therefore, the company believes that the French subsidiary does not have the right to claim damages.

Start over

now, The court found that the patents in question were valid in France (Except therein2claim) And suffered infringement. merely, The court also rejected Eli Lilly's claim for damages.

The judges cited the French "Intellectual property code" . Because the Code provides that only the patent owner or licensee can bring an infringement action, So Eli Lilly can only claim damages on the grounds of unfair competition, That's what Eli Lilly is doing. The court held that, Since the plaintiff was unable to provide any credible evidence for this allegation, The lawsuit was therefore dismissed.

merely, The Third Chamber of the Paris Court of Justice has ordered the company to disclose its location2014years12month1sundown2021years6month15Information on the sale of pemetrexed as Mylan during the day. This information will be used as a basis for the amount of compensation to be agreed upon by Eli Lilly and Huihui during the out-of-court negotiation process.

It is reported, Both parties can still appeal the decision. (Be compiled fromwww. juve-patent. com)

TRANSLATORS: Liu Peng　proofread: Wang Dan



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