Teva Revives Patent Fight After FDA OKs Lilly's Migraine Drug

Law360 (September 28, 2018, 4:33 PM EDT) -- Hours after a Massachusetts federal judge said Teva Pharmaceuticals couldn't sue Eli Lilly & Co. for infringing patents tied to a migraine biologic because Lilly's version lacked U.S. Food and Drug Administration approval, the agency cleared the drug and Teva sued again.

U.S. District Judge Allison Dale Burroughs on Thursday said it would have been premature to issue a declaratory judgment that Lilly infringed nine patents since Lilly's Emgality wasn't even approved yet, let alone about to head to market. Teva was quick to refile as soon as that approval came down, saying infringement was now imminent.

"The Eli Lilly press release...

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