Teva Pharmaceuticals Int’l GmbH v. Eli Lilly & Co., Eli Lilly & Co. v. Teva Pharmaceuticals Int’l GmbH, and Teva Pharmaceuticals Int’l GmbH v. Eli Lilly & Co. (Fed. Cir. 2021)

By Kevin E. Noonan — The Federal Circuit issued three decisions on Monday relating to Eli Lilly & Co’s. challenge in separate inter partes review proceedings on obviousness grounds of nine patents licensed by Teva Pharmaceuticals Int’l, with disparate results. The patents were related to humanized monoclonal antibodies immunologically specific for calcitonin gene-related peptide (CGRP), for treatment of “all forms of vascular headache, including migraines”; each party marketed a product for this purpose (Teva’s AJOVY® and Lilly’s Emgality®). The appeals clustered separate but related IPR proceedings that the Board had combined for oral argument. In the first of these (as…