Eli Lilly sues Cipla for infringing testosterone patents
Eli Lilly has filed a complaint against India-based drug company Cipla for allegedly infringing its patents covering Axiron (testosterone topical).
Axiron is used to treat males for conditions associated with a deficiency or absence of endogenous testosterone.
Filed on October 19 at the US District Court for the District of Delaware, the claim centres on US patent numbers 8,435,944; 8,993,520; and 9,180,194.
The claim arose after Cipla applied for an Abbreviated New Drug Application (ANDA) with the US Food and Drug Administration (FDA), seeking approval to market a generic version of Eli Lilly’s Axiron.
Cipla sent a letter to Eli Lilly on September 16, notifying Eli Lilly that it was seeking approval to launch a generic product before the expiration of the patents, according to the suit.
In the letter, Cipla allegedly stated that it had filed a certification of invalidity, unenforceability and non-infringement of the three patents.
Eli Lilly has asked the court to enter a judgment stating that the three patents involved in the case are valid and enforceable.
It has also asked the court to prevent Cipla from bringing the generic product to market and that it be awarded costs and disbursements.
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