Actavis UK Limited v. Eli Lilly

[2017] UKSC 48 (2017)

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Actavis UK Limited v. Eli Lilly

United Kingdom Supreme Court
[2017] UKSC 48 (2017)

Facts

Eli Lilly & Company (plaintiff) had a European patent for a cancer treatment that worked by combining a compound called pemetrexed disodium with vitamin B12. This combination allowed for the use of pemetrexed, known to be effective against cancerous tumors, without the potentially serious side effects of taking pemetrexed alone. Eli Lilly sued Actavis UK Unlimited (Actavis) (defendant) for infringement of its patent. The Actavis products alleged to violate the Eli Lilly patent were all pemetrexed compounds that were used together with Vitamin B12 to treat cancer. However, the compounds used by the Actavis products were pemetrexed diacid, pemetrexed ditromethamine, and pemetrexed dipotassium, not pemetrexed disodium. Eli Lilly’s patent claims specified the use of pemetrexed disodium for inhibiting tumor growth in combination with Vitamin B12. Actavis claimed that, as their products did not use pemetrexed disodium, they would not infringe Eli Lilly’s patent claims.

Rule of Law

Issue

Holding and Reasoning (Neuberger, C.J.)

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