U.S. District Court Rules from Bench in Lilly’s Favor, Confirms Validity of Alimta Patent

Eli Lilly and Company (NYSE: LLY) today announced that the trial on the validity of the compound patent for Alimta® (pemetrexed for injection) before the U.S. District Court for the District of Delaware ended this afternoon with a ruling from the court that judgment would be entered in Lilly’s favor, thereby upholding the patent’s validity. The decision came in the case of Eli Lilly and Company et al v. Teva Parenteral Medicines Inc., et al. The patent provides protection for Alimta until July of 2016.

“We are pleased that the District Court has now confirmed the validity of Alimta’s compound patent,” said Robert A. Armitage, senior vice president and general counsel for Lilly. “We continue to emphasize that protection of intellectual property rights is extremely important to the biopharmaceutical industry and the patients we serve. These rights provide assurances of market exclusivity that help support the development of the next generation of innovative medicines to treat unmet medical needs.”

Lilly, a leading innovation-driven corporation, is developing a growing portfolio of pharmaceutical products by applying the latest research from its own worldwide laboratories and from collaborations with eminent scientific organizations. Headquartered in Indianapolis, Ind., Lilly provides answers — through medicines and information — for some of the world’s most urgent medical needs. Additional information about Lilly is available at www.lilly.com. C-LLY

This release contains forward-looking statements regarding the U.S. Alimta patent litigation. These statements are based on management’s current expectations but actual results may differ materially. There can be no assurance that the company will prevail in any appeal. Also, the company cannot predict whether generic pemetrexed will be marketed prior to the resolution of this litigation. Other risk factors that may affect the company’s results can be found in the company’s latest Forms 10-K and 10-Q filed with the U.S. Securities and Exchange Commission.