Mesothelioma Cancer Drug Patent Threatened in Court By Generic Drug Makers - Mesothelioma.com

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August 21, 2013

Indianapolis, Indiana - The patent for Alimta, a cancer drug used most notably for the treatment of mesothelioma cancer, is currently being challenged in court by five generic drug makers. Developed and manufactured by Indianapolis-based pharmaceutical giant Eli Lilly and Co., the future of Alimta is up in the air.

Simply put, at the crux of the patent suit are vitamins. In an ingenious move, Eli Lilly and Co. found that by adding a vitamin supplement regimen to a regular treatment course of Alimta the severe side effects caused by the drug are virtually eliminated. Eli Lilly and Co. hold a patent for the main ingredient for Alimta, but it is almost unheard of for a major drug manufacturing company to hold a patent on a vitamin supplement course to be administered along with the primary drug.

The patent infringement suit alleges that a pharmaceutical company cannot patent a vitamin supplement regimen – which includes B12 and folate – to accompany a major drug. Essentially, Eli Lilly and Co. cannot hold a patent on “common sense.”

Eli Lilly and Co. argues that the idea of pairing common vitamins with a powerful cancer drug is revolutionary, and holding a patent on the idea that no other drug manufacturer has come up with should fall under patent protection.

If the court rules against Eli Lilly and Co., then the drug will be opened to generic manufacturing as early as 2017. That ruling would be an incredible blow to Eli Lilly's bottom line, where eleven percent of its annual revenue would be lost to generic drug makers. However, if the judge rules against Eli Lilly and Co., the cost of the drug – although generic – would plummet, allowing for a more competitive market.

Mesothelioma is a rare form of cancer caused by asbestos exposure. There are three distinct types of mesothelioma cancer – pleural mesothelioma, peritoneal mesothelioma and pericardial mesothelioma – each linked to asbestos. Pleural mesothelioma cancer is the mostly commonly diagnosed type of mesothelioma where the delicate layer surrounding the lungs is damaged by asbestos particles.

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