Eli Lily and Co. v. Teva Parenteral Medicines, Inc.
Eli Lily and Co. v. Teva Parenteral Medicines, Inc., 2015-2067
In a consolidated Hatch-Waxman suit to prevent Defendants from launching a generic version of a chemotherapy drug with accompanying product literature that would allegedly infringe methods of treatment claimed by a patent which relates to methods of administering the chemotherapy drug pemetrexed disodium after pretreatment with two common vitamins folic acid and vitamin B12, the district court’s finding of infringement is affirmed where: 1) direct infringement was attributable to physicians and the court properly held defendants liable for inducing that infringement; and 2) the court correctly determined that the asserted claims were not invalid for indefiniteness, obviousness, or obviousness-type double patenting.
- Published 2017/01/12
- United States Federal Circuit