Teva Sways Judge to Clarify Lilly Infringement Issues for Jurors

Oct. 24, 2022, 5:44 PM UTC

A federal judge partially granted Teva Pharmaceuticals Industries Ltd.’s request that she tell Massachusetts jurors Eli Lilly & Co.’s cross-examination of an expert about features of Lilly’s migraine drug Emgality that aren’t covered by the asserted patent claims “is irrelevant” and confusing because Lilly has conceded it directly infringes.

“Although not totally clear that a curative instructive was warranted, out of an abundance of caution,” Judge Allison D. Burroughs on Monday “gave a modified version of the instruction requested” in Teva’s emergency motion in the US District Court for the District of Massachusetts.

Lilly didn’t object to the electronic order, ...

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