- Alert: Supreme Court allows appeal (Eli Lilly v Actavis)
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IP analysis: The Supreme Court has released its key conclusions in an appeal brought by Eli Lilly and Company (EL) in a patent case relating to a pemetrexed based cancer treatment. The issue for consideration by the Supreme Court was whether a new pemetrexed based cancer treatment produced by Actavis UK Limited and others (Actavis) infringes EL’s patent and its foreign designations either indirectly under s.60(2) of the Patents Act 1977 or directly under a proper interpretation of Article 69 of the Europe Patent Convention 2000. The Supreme Court has allowed EL’s appeal and holds that Actavis’ products directly infringe EL’s patent in the UK, France, Italy and Spain. It has dismissed Actavis’ cross-appeal on the basis that, if its products did not directly infringe, they would indirectly infringe to the extent held by the Court of Appeal. Publication of the full judgment will take place at 9:45 am on Wednesday 12 July 2017.
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