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