Fed. Circ. OKs Ax Of Lilly's Axiron Patent, Allows Generics

Law360, New York (November 22, 2017, 6:42 PM EST) -- The Federal Circuit ruled Wednesday that a key claim of an Eli Lilly & Co. patent on the testosterone drug Axiron is invalid, upholding a lower court ruling that spurred the generics makers accused of infringement to launch their own versions of the drug.

The appeals court praised the over 200-page “thorough, well-considered opinion” that Judge Sarah Evans Barker of the Southern District of Indiana, Lilly’s home district, issued last year after a nine-day bench trial.

The judge correctly sided with Perrigo Co., Teva Pharmaceutical Industries Ltd....
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