Erfindergemeinschaft UroPep GbR v. Eli Lilly & Co., No. 2:15-cv-1202-WCB (E.D. Tex. Aug. 25, 2017)
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After a jury found that Lilly induced infringement of claim 1 of UroPep's U.S. Patent No. 8,791,124 — directed to administering a PDE5 inhibitor to treat benign prostatic hyperplasia — by marketing Cialis for BPH, and awarded $20 million, Lilly moved for judgment as a matter of law or a new trial under Rules 50(b) and 59. Judge Bryson, sitting by designation, rejected Lilly's non-infringement and § 112 invalidity arguments (including enablement and written description challenges to the functionally defined genus of PDE5 inhibitors) as well as its trial-management complaints, and denied the motion in full.
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