By decision of 15 October 2019, the Federal Patent Court (FPC) rejected the invalidity action of Sandoz against Lilly’s EP 1 313 508 concerning the cancer drug Pemetrexed (O2018_003 – not yet final). The FPC followed Lilly’s arguments and thus confirmed the validity of the patent. It disagreed with the decision of the German Federal Patent Court.
Before, Teva Pharma AG (Teva) hat tried to obtain a declaratory judgment for non-infringement against Lilly concerning the same patent, but without success, too. In that proceeding, Lilly was also successfully represented by Rentsch Partner and Teva’s action was rejected (O2015_004 from the 9 March 2017 / BGer 4A 208/2017 from the 20 October 2017 / BGE 143 III 666).