Teva, Lilly War Over Use of New Amgen Precedent in Emgality Case

Eli Lilly & Co. and Teva Pharmaceuticals Industries Ltd. are jockeying to convince the federal district court hearing their patent infringement case over migraine drugs which of them benefits from the Supreme Court’s recent holding that patent claims must be sufficiently narrow.

The day of the high court’s decision—which affirmed a lower court’s finding that two Amgen Inc. cholesterol drug patents were too broadly written to confer protection—Lilly re-upped its request for the District of Massachusetts to find that three patents Teva asserted against it are similarly invalid. A jury previously found that Lilly owed Teva $177 million for infringing ...