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22 Feb 2018, 8:55 am
If last year’s Supreme Court case in Actavis v Eli Lilly is to be taken as a guide, the Court may take around three months to make its judgment available. [read post]
17 Feb 2018, 7:31 am
Continued from Part IInfringement - no role for German doctrine of "deliberate selection" following Eli Lilly v Actavis, yet...On the basis of a normal interpretation, the shear mode fell within the scope of the claims. [read post]
17 Feb 2018, 7:30 am
”Henry loved when he was in "shear mode"Claim "Interpretation" - it is all about what you say and disclaimWith the old "Construction" heading now replaced with "Interpretation", Mr Justice Carr stated he would be applying"principles concerning normal interpretation and equivalents set out by the Supreme Court in Actavis v Eli Lilly [2017] UKSC 48, [2018] and by the Patents Court in Mylan v Yeda [2017] EWHC 2629 (Pat) at [134]… [read post]
12 Feb 2018, 2:33 am
EssaysWas the Supreme Court right in Actavis v Eli Lilly to introduce a doctrine of equivalents when determining infringement of patents in the UK? [read post]
5 Feb 2018, 4:16 am
In C-493/12 – Eli Lilly and Company the CJEU had stressed that the “infringement test” was not to be applied for determining whether a product is “protected by a basic patent in force”. [read post]
31 Jan 2018, 10:05 pm
The CJEU articulated for the first time in Eli Lilly that in order to be protected by the basic patent, the claim must relate to the product implicitly, but necessarily and specifically (the "Lilly requirement"). [read post]
31 Jan 2018, 8:13 pm
"On Wednesday evening, Lawyers for Civil Justice--an organization representing the interests of corporate counsel (with companies like Microsoft, Shell, ExxonMobil, Eli Lilly, StateFarm, Ford, Merck, Pfizer, Glaxo SmithKline and FedEx sitting on the board) to avoid unreasonably burdensome procedures--asked the court for permission to file the following amicus brief that effectively supports Apple (this post continues below the document): 18-01-31 Lawyers for Civil Justice… [read post]
29 Jan 2018, 2:57 am
The UCL debate on the UK Supreme Court decision Actavis v Eli Lilly ("Equivalents: K = Na. [read post]
23 Jan 2018, 7:29 pm
Cir. 2015) (citing Eli Lilly & Co. v. [read post]
19 Jan 2018, 3:58 am
Readers interested in patent law will be familiar with last summer's decision of the UK Supreme Court in Actavis v Eli Lilly [2017] UKSC 48. [read post]
16 Jan 2018, 2:26 pm
The decision, in Eli Lilly and Co. v. [read post]
16 Jan 2018, 2:15 am
” The Court of Appeal noted that sub-paragraph (ix) above had to be read in the light of the Supreme Court’s judgment in Actavis v Eli Lilly, i.e. that there is in fact a doctrine of equivalents. [read post]
9 Jan 2018, 5:02 pm
And Alex Azar — the former president of Eli Lilly's U.S. operations, now poised to become the top U.S. health official — professes to oppose such tactics.See How Trump’s HHS nominee’s drug company ‘gamed’ a patent Pediatric extensions, which allow for testing of known drugs on young patients, are commonplace. [read post]
7 Jan 2018, 12:47 pm
While the Federal Patent Court denied infringement of Eli Lilly’s patent by Actavis’ generic version comprised of pemetrexed diacid because of the limitation introduced by the patentee during examination proceedings, the Supreme Court disagreed and granted Eli Lilly’s appeal against the decision of the Federal Patent Court. [read post]
27 Dec 2017, 9:44 am
Last Thursday Eli Lilly & Co., the maker of the testosterone product Axiron, announced to Judge Matthew Kennelly in Illinois that an agreement had been reached to settle claims by people injured by Axiron testosterone. [read post]
19 Dec 2017, 2:40 pm
Cir. 2017).(...)We recently applied Akamai V’s “two-prong test” inEli Lilly, a Hatch-Waxman suit brought by Eli Lillyagainst several defendants seeking to launch a genericversion of Eli Lilly’s chemotherapy drug. 845 F.3d at1362. [read post]
19 Dec 2017, 8:35 am
Although the partnership-like relationship between Travel Sentry and TSA differs in several respects from the service provider-customer and physician-patient relationships in Akamai V and Eli Lilly, a common thread connects all three cases: evidence that a third party hoping to obtain access to certain benefits can only do so if it performs certain steps identified by the defendant, and does so under the terms prescribed by the defendant. [read post]
19 Dec 2017, 6:09 am
Eli Lilly & Co. expanded it to the context of multi-district (MDL) litigation. [read post]
9 Dec 2017, 9:14 pm
Jane Love of Gibson, Dunn & Crutcher LLP, Duane Marks of Eli Lilly & Company, and Irena Royzman of Patterson Belknap Webb & Tyler LLP will discuss: • What is now needed by way of written description to create a valid patent on an antibody? [read post]
7 Dec 2017, 9:34 pm
Seeking approval to market generic versions of Eli Lilly's Axiron® testosterone applicator, Defendants Perrigo Company and Perrigo Israel Pharmaceuticals Ltd., Actavis Laboratories UT, Inc., FKA Watson Laboratories Inc., Lupin Pharmaceuticals, Inc. and Lupin Ltd., and Amneal Pharmaceuticals LLC filed... [read post]
