Fed. Circ. Judge Recoils At Cesspool Remark In Axiron Suit

Law360, Washington (October 5, 2017, 2:41 PM EDT) -- An Eli Lilly & Co. lawyer’s description of the adult male armpit as a “cesspool” of sweat, hair and bacteria during a high-stakes patent case over the testosterone drug Axiron proved a bit too graphic for Federal Circuit Judge S. Jay Plager during oral arguments Thursday, who told the attorney: “You don’t have to be quite so nasty.”

The judge’s remark came as attorney Charles E. Lipsey sought to convince a three-judge panel that, because the adult male armpit had long been considered an undesirable place to apply testosterone treatments, a key claim of one of the Axiron patents teaching such...

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