Eli Lilly has brought patent litigations against several generic drug manufacturers who have challenged a patent protecting its blockbuster anti-cancer drug Alimta®. On January 12, 2017, the Federal Circuit affirmed the decisions of the Southern District of Indiana holding that Lilly’s patent is valid and would be infringed by multiple generic companies. This appeal was the first time that the appellate court addressed the issue of “divided infringement” in the pharmaceutical context, and the court adopted Lilly’s position on this and the other appellate issues.
The Williams & Connolly team handling the appeal was Bruce Genderson, Adam Perlman, Dov Grossman, David Krinsky, Allison Rushing, and Casey White.
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