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FR – Eli Lilly v. Fresenius Kabi / Comment Pierre Véron

26 Sep 2020

Eli Lilly and Company and Lilly France v. Fresenius Kabi France and Fresenius Kabi Groupe France, Judiciary Court of Paris, France, 11 September 2020, Docket № 17/10421, by Pierre Véron, Honorary President, EPLAW

Joining a majority of European Courts, the Paris court has held that Eli Lilly’s patent, claiming the combined administration of pemetrexed disodium with vitamin B12, is infringed by the marketing of pemetrexed diacid, and it has awarded the largest ever patent infringement damages award in Europe (28,000,000 €).

On 11 September 2020, the tribunal judiciaire de Paris (which, from January 2020, is the new name given to the Paris first instance court, which has jurisdiction for the whole of France for patent cases) issued a major decision in the pemetrexed saga that has been litigated in more than 10 European countries.

The entire comment (in English) can be read here.

The judgment (in French) can be read here.
The judgment (in English) can be read here.