Eli Lilly and Company v. Apotex, Inc., No. 20-1328 (Fed. Cir. Dec. 21, 2020)

From the Opinion

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Apotex, Inc. appeals from the judgment of the district court in a patent -infringement suit brought by Eli Lilly & Company under the Hatch -Waxman Act, 21 U.S.C. § 355. T he district court granted Lilly ’s motion for sum- mary judgment of infringement, h olding that prosecution history estoppel does not bar Lilly from asserting infringe- ment of certain claims of U.S. Patent No. 7,772,209 under the doctrine of equivalents. Because we discern no error in the district court’s decision, we affirm.