Eli Lilly Enters Unusual Patent Dispute

By 
• PETER LOFTUS
 
• CONNECT

Patent disputes are common in the pharmaceutical industry, but Eli Lilly LLY -0.99%& Co. faces an unusual one this week that could be pivotal to the drug maker's future. The case highlights the pressure on drug makers to preserve market exclusivity for top-selling products for as long as possible in the face of generic competition, pricing pressure and underproductive research labs.

At a closely watched trial scheduled to begin Monday in federal court in its hometown of Indianapolis, Lilly will defend a patent for its lung-cancer treatment Alimta, which generated $2.6 billion in global sales last year, or 11% of total company revenue. The patent covers the method of administering Alimta to patients with certain vitamins designed to mitigate side effects. A different patent covers the basic chemical composition of Alimta, a drug that also treats mesothelioma, a rare cancer linked to asbestos exposure.

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