Experience
Eli Lilly and Company
Teva Pharma USA, Inc.
In an important victory for firm client, Eli Lilly and Company, the Southern District of Indiana rejected claims by Teva Pharmaceuticals USA, Inc. alleging that all of Lilly’s patents covering Lilly’s blockbuster drug for the treatment of postmenopausal osteoporosis, Evista®, are invalid. The court granted a permanent injunction preventing Teva from marketing its generic version of Evista® before the expiration of four of Lilly’s patents covering Evista®, the last of which expires in 2014. Teva appealed the decision, and in September 2010, the Federal Circuit ruled in favor of Lilly, affirming the validity of Lilly’s patents for Evista®. Chief Judge Rader, writing for a unanimous panel, held that there was no evidence that "would teach, suggest or motivate or supply any common sense reason" for a person to arrive at Lilly’s invention. The Federal Circuit further affirmed that the patents were enabled, observing that the initiation of a human clinical trial presumptively establishes the credibility of the asserted utility.
Eli Lilly and Company v. Teva Pharma USA, Inc., 1:06-cv-01017, S.D. Ind., Judges Barker, Magnus-Stinson
Teva Pharmaceuticals USA, Inc. v. Eli Lilly and Company, 09-1071; 10-1005, -1033, Fed. Cir., Judges Linn, Michel, Prost, Rader
Eli Lilly and Company v. Sicor Pharmaceuticals, Inc.
Eli Lilly and Company
Intertrust Technologies Corp. v. Macrovision, Inc.
Intertrust Technologies Corp.
Eli Lilly and Co. v. Apotex Inc.
Eli Lilly and Company
Acclarent; Exploramed II Incorporated
NetApp, Inc./HPE et al. v. KOM Software Inc.
NetApp, Inc/HPE et al.
The Hillman Group, Inc. v. KeyMe, LLC
The Hillman Group, Inc.
Eli Lilly and Company v. Actavis Labs. UT Inc.
Eli Lilly and Company
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