Court Invalidates Eli Lilly Patents, Paves Way for Generics

Three of four generics makers prevailed in a patent infringement lawsuit by Eli Lilly as a federal judge ruled that they either did not infringe on Eli Lilly & Co.’s patents or proved them to be invalid.

The suit by Eli Lilly claimed that four generics companies, Perrigo, Actavis Laboratory, Amneal Pharmaceuticals and Lupin Pharmaceuticals, would infringe on patents related to Axiron, a drug for men with low or no testosterone.

According to the 214-page opinion by Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana, Perrigo, Lupin and Actavis were all found not to have infringed on valid and enforceable patents listed in the suit.