Teva’s $177 Million Drug Patent Verdict Reinstated on Appeal (2)

The Federal Circuit reversed a ruling that had wiped out Teva Pharmaceuticals International GmbH’s $177 million Ajovy patent verdict based on an infringing Eli Lilly and Co. headache medicine.

A Massachusetts federal jury found Lilly’s Emgality infringed three Teva patents for Ajovy, a preventative treatment for migraine sufferers. In late 2023, a district judge nixed the verdict because the patents failed to satisfy separate requirements of Section 112 of the Patent Act. The law requires inventors to show they possessed their invention at the time they filed for a patent and that it is specific enough that a skilled artisan ...