Eli Lilly and Company v. Perrigo Company, No. 16-2555 (Fed. Cir. Nov. 22, 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 AND COMPANY v. PERRIGO COMPANY 3 INTRODUCTION This litigation relates to Abbreviated New Drug A p- plications filed by the defendants for generic equivalents of Eli Lilly’s Axiron® testosterone applicator. Eli Lilly , in turn, sued the defendants for patent infringement. After a nine -day bench trial, the district court issued a tho r- ough, well- considered opinion over 200 pages long. Eli Lilly appeals the district court’s opinion that claim 20 of U.S. Patent No. 8,435,944 (the ’944 patent) is invalid for obviousness under 35 U.S.C. § 103.