Wednesday Whimsies
IPKat is here with your weekly update of IP news and events! We begin this week with an update on the pemetrexed (Alimta) Italian patent case between Fresenius Kabi and Eli Lilly. Pemetrexed disodium at the Court of Milan Last year, IPKat blogged about the Court of Milan's decision in the pemetrexed (Alimta) patent case (Court of Milan, 12 September 2017, urgent proceedings between Fresenius Kabi and Eli Lilly). That decision has now been fully reversed by a panel of three judges of the same Court of Milan, after having heard the appeal filed by Eli Lilly against the first instance decision. On 15 October 2018, the Court of Milan found that Lilly's patent EP1313508 is infringed by equivalence by Fresenius Kabi's product containing pemetrexed diacid and tromethamine and issued a preliminary injunction against the latter. Milan In short: the decision contains an in-depth legal assessment, from an Italian perspective, of when prosecution history should (o...