Legal Opinion

Eli Lilly and Co. v. TEVA PHARMACEUTICALS USA

District Court, S.D. Indiana

Decided September 23, 2009No. 1:06-cv-1017-SEB-JMSPublishedCited by 3 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING BENCH TRIAL

SARAH EVANS BARKER, District Judge.

This matter is before the Court for decision on the issues of validity, enforceability, and infringement of various patents held by Plaintiff, Eli Lilly and Company (“Lilly”). Lilly holds an approved New Drug Application (“NDA”) No. 20-815 directed toward the use of raloxifene hydrochloride 60 mg tablets for the prevention or treatment of osteoporosis in post-menopausal women. Lilly markets the product disclosed in NDA No. 20-815 under the tradename EVISTA®. In connection with this NDA, Lilly…

2Cases cited66 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  3. Edward H. Phillips v. Awh Corporation, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-CrossCourt of Appeals for the Federal Circuit · 2006
  4. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  5. Vitronics Corporation v. Conceptronic, Inc.Court of Appeals for the Federal Circuit · 1996

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3Cited by3 opinions

  1. Eli Lilly and Co. v. Teva Pharmaceuticals Usa, Inc.Court of Appeals for the Federal Circuit · 2010
  2. Cordance Corp. v. Amazon. Com, Inc.District Court, D. Delaware · 2010
  3. Chatz v. Alice Rhoads Living Trust (In re Rhoads)United States Bankruptcy Court, N.D. Illinois · 2017

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