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17 March 2022AmericasMuireann Bolger

Teva can pursue migraine patent dispute against Eli Lilly

Eli Lilly has failed to convince a US judge to toss a patent infringement lawsuit filed by Teva Pharmaceuticals in a dispute over a migraine medication.

Judge Allison Burroughs handed down her decision at the US District Court for the District of Massachusetts on Tuesday, March 15.

The case arose when Teva Pharmaceuticals alleged that Eli Lilly infringed Teva’s patents, US patent numbers 11,028,160 and 11,028,161.

The patents-in suit, both titled “Treating Refractory Migraine,” protect methods for administering the drug for the treatment or prevention of “refractory” migraines, including patients who have failed on at least two prior preventative treatments or classes of preventative treatments for efficacy,

Teva filed its complaint on June 8, 2021, seeking a declaratory judgment regarding the infringement of both patents-in-suit, as well as seeking monetary and equitable relief for the infringement.

In September 2018, Teva brought to market a migraine prevention treatment under the brand name Ajovy (fremanezumab).

According to the Israeli pharma company, during the process of developing this product, the company discovered that antibody drugs like Ajovy, which bind to calcitonin gene-related peptide, can be used to help treat “refractory” migraines.

Lilly moved to dismiss the complaint on August 27, 2021, which Teva opposed on October 18, 2021. Lilly filed its reply on November 2, 2021, and Teva filed a sur-reply on November 9, 2021.

In Lilly’s view, Teva’s complaint should be dismissed for failing to state a claim upon which relief may be granted because Teva has not plausibly pled either induced infringement by Lilly or a prerequisite underlying act of direct infringement.

Teva, in turn, contended that Lilly’s motion “upend[s]” the Federal Circuit’s notice pleading standard and that “Lilly has conjured a series of arguments improperly rooted in claim construction disputes—and its future noninfringement contentions based thereon—to argue that Teva’s pleading is somehow technically deficient”.

This week, Judge Burroughs found in favour of Teva, finding that the Israeli company’s complaint had put forth factual allegations that plausibly allege infringement even under Lilly’s narrow construction of the claims.

“Contrary to Lilly’s assertions, Teva has provided insurance policies that describe circumstances in which…prescriptions may be reimbursed according to the methods claimed by the patents-in-suit, including allowing for patients who have received prior treatment,” she said.

Consequently, Lilly’s motion to dismiss the suit was denied.

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13 January 2022   Teva Pharmaceuticals has failed to persuade a federal judge in Massachusetts that Eli Lilly should be penalised over its discovery search related to a patent dispute concerning a migraine treatment.
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21 October 2021   Eli Lilly will have to pay undetermined royalties from the net sale of its diabetes treatment to Research Corporation Technologies, an Arizona judge has ruled.
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More on this story

Big Pharma
13 January 2022   Teva Pharmaceuticals has failed to persuade a federal judge in Massachusetts that Eli Lilly should be penalised over its discovery search related to a patent dispute concerning a migraine treatment.
Big Pharma
21 October 2021   Eli Lilly will have to pay undetermined royalties from the net sale of its diabetes treatment to Research Corporation Technologies, an Arizona judge has ruled.
Americas
27 September 2022   Pharma firm beats back digital health company over migraine tracking app / Indiana’s Uniform Trade Secrets Act cited by US judge.