According to the original complaint, Teva’s drug (Ajovy) and Lilly’s drug (Emgality) were similar in the ways in which they work, and they were both approved by the FDA only 13 days apart in September 2018. However, Court documents show that Lilly contended that the two antibodies used in the drugs were different and, therefore, no infringement existed.
After a thorough examination of the case, Judge Burroughs agreed that the two drugs were distinct and that Teva’s patents were too expansive. Judge Burroughs stated in her ruling that, “Even viewing the evidence in the light most favorable to the verdict, asserted claims are too broad.” She subsequently overturned the original jury verdict awarded to Teva writing in her ruling that “The Court does not reach this decision nor overturn a jury verdict lightly.”
In addition to the overturned verdict, the U.S. Patent and Trademark Office appeal board also agreed with Judge Burroughs’ assessment and decided to invalidate two of the nine Teva patents associated with Ajovy.