Sunday, July 17, 2005

Eli Lilly v. Teva Pharmaceuticals

This opinion may not be cited as precedent.
The CAFC affirmed the lower court's holding of patent infringement. Eli Lilly hold a patent for a method of treating premenstrual syndrome (PMS) through drug therapy. Teva argued that the claim language "prior to the onset of menstrual period" should be construed to exclude continuous treatment. Teva also unpersuasively argued evidence of obviousness.

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