Eli Lilly and Company v. Hospira, Inc., No. 18-2126 (Fed. Cir. Aug. 9, 2019)

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.

Hospira Inc. (“Hospira”), Dr. Reddy’s Laboratories Ltd., and Dr. Reddy’s Laboratories Inc. (collectively, “DRL”) appeal from two judgments of the United States District Court for the Southern District of Indi ana in two infringement suits brought by Eli Lilly & Company (“Lilly”) under the Hatch -Waxman Act , 21 U.S.C. § 355 . The district court held in each case that the defendant’s submission of a New Drug Application pursuant to 21 U.S.C. § 355(b)(2) infringed U.S. Patent 7,772,209 (the “’209 patent”) under 35 U.S.C. § 271(e)(2). See Eli Lilly & Co.