Teva Pharmaceuticals International GmbH et al. v. Eli Lilly and Company (18-cv-10242).

Teva sued Eli Lilly for infringement of U.S. Patents 9,884,907 and 9,884,908, which cover fremanezumab, a biologic anti-migrane product. Teva asserts that Eli Lilly, with full knowledge of the asserted patents, filed a biologics license application with the FDA for a competing (and allegedly infringing) biologic product, galcanezumab.  While Eli Lilly hasnot yet received approval or begun selling its product, Teva alleges that Eli Lilly has stated its belief that it will imminently obtain approval and begin selling, and is presently beginning to market the product and hire a sales staff to support sales of the product.  Teva asserts knowledge of the patents through Eli Lilly’s challenges to Teva’s related European patent.  Teva seeks a declaration that Eli Lilly’s galcanezumab product infringes the patents, as well as injunctive relief.

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