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CH – Eli Lilly v. Actavis / Swiss Federal Supreme Court (Pemetrexed)

01 Nov 2017

On 20 October 2017, the Swiss Federal Supreme Court handed down its decision in Eli Lilly vs. Actavis re infringement of Eli Lilly’s patent EP 1 313 508 regarding the use of the anti-cancer drug, pemetrexed in combination with a vitamin B12 to alleviate the harmful side-effects of the drug.

In its decision, the Court overturned the previous declaratory judgment of non-infringement of the Swiss Federal Patent Court and found Actavis’ generic pemetrexed diacid product, Amtiris, to directly infringe Eli Lilly’s patent EP 1 313 508.

A copy of the decision (in German) can be read here.
A copy of the decision (in English) can be read here.

Reported by: Christian Hilti, RENTSCH PARTNER LTD