Legal Opinion
Eli Lilly and Co. v. Actavis Elizabeth LLC
District Court, D. New Jersey
Decided December 31, 2009No. Civil Action 07-cv-3770 (DMC)PublishedCited by 3 opinions
1Opinion of the Court
AMENDED OPINION
DENNIS M. CAVANAUGH, District Judge:
This matter comes before the Court upon motions for summary judgment by Eli Lilly & Co. (“Plaintiff’), and by Defendants Actavis Elizabeth LLC, Apotex Inc., Aurobindo, Sun Pharmaceuticals, Teva Pharmaceuticals, Sandoz Inc., and Mylan Pharmaceuticals Inc. (“Defendants”). This case concerns the validity and alleged infringement of U.S. Patent No. 5,658,590 (“the '590 Patent”).
BACKGROUND
Strattera® is the commercial name for the drug tomoxetine, which is now known as atomoxetine. The '590 Patent is a method-of-use patent which claims methods of…
2Cases cited60 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- KSR International Co. v. Teleflex Inc.Supreme Court of the United States · 2007
- Pennsylvania Coal Association, an Unincorporated Association v. Bruce Babbitt, Secretary of the Interior of the United States Department of Interior Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of Interior, Pennsylvania Department of Environmental Resources (Der), Intervenor in D.C. Pennsylvania Coal Association, an Unincorporated Association v. Bruce Babbitt, Secretary of the Interior of the United States Department of Interior Robert Uram, Director, Office of Surface Mining Reclamation and Enforcement, United States Department of Interior Pennsylvania Department of Environmental Resources (Der), Intervenor in D.C. Commonwealth of Pennsylvania, Department of Environmental ResourcesCourt of Appeals for the Third Circuit · 1995
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3Cited by3 opinions
- Fair Isaac Corp. v. Experian Information Solutions Inc.District Court, D. Minnesota · 2010
- Alcon Research, Ltd. v. Apotex Inc.District Court, S.D. Indiana · 2011
- Eli Lilly and Co. v. Actavis Elizabeth LLCDistrict Court, D. New Jersey · 2010