Eli Lilly and Company v. Teva Parenteral Medicines, No. 15-2067 (Fed. Cir. Jan. 12, 2017)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Eli Lilly & Co. (“Eli Lilly”) is the owner of U.S. Patent No. 7,772,209 (“’209 patent”). It filed this consolidated Hatch-Waxman suit against Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr Laboratories, Inc. (collectively, “ Defendants”) to prevent Defendants from launching a generic version of a chemother apy drug with accompanying product literature that would alleged- ly infringe methods of treatment claimed by the ’209 patent.