Federal Circuit Affirms Finding That Teva And Other Drug Makers Would Induce Infringement Of Eli Lilly Method Patent Where Drug Makers’ Product Labels Instruct Doctors To Perform Certain Steps Of Patented Method And Patients To Perform Remaining Steps

Fitzpatrick Case Update
January 12, 2017

On January 12, 2017, the Federal Circuit in Eli Lilly v. Teva Parenteral Medicines affirmed a finding that Teva and other drug makers would induce infringement of Eli Lilly’s method-of-treatment patent, U.S. Patent No. 7,772,209, where those drug makers had sought FDA approval for product labels that instructed doctors to perform certain steps of the patented method and patients to perform the remaining steps.  The Federal Circuit’s affirmance confirms that liability for inducing infringement can arise in circumstances where a doctor is found to “direct or control” the actions of his or her patient in an infringing manner.

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