Eli Lilly’s Spreading Implement Patent Not Invalid for Anticipation or Obviousness

August 26, 2016 – In 2013, Plaintiffs Eli Lilly and Company, Eli Lilly Export S.A., and Acrux DDS Pty Ltd. (“Eli Lilly”) alleged infringement of several patents by Defendants Perrigo Company and Perrigo Israel Pharmaceuticals Ltd. (“Perrigo”), Actavis Laboratories UT, Inc. (“Actavis”), Amneal Pharmaceuticals LLC (“Amneal”), and Lupin Pharmaceuticals, Inc. and Lupin Ltd. (“Lupin”).

The Court found Defendant Amneal Pharmaceuticals LLC liable for direct infringement, induced infringement, and contributory infringement of claims 9 and 10 of U.S. Patent No. 8,807,861, titled “Spreading implement.” Applicators by Defendants Actavis and Perrigo were found not to literally infringe, and an applicator by Lupin was found not to infringe under the doctrine of equivalents. The Court found Eli Lilly’s patents not invalid for anticipation or obviousness. The case is before the United States District Court for the Southern District of Indiana, and is number 1:13-cv-00851-SEB-DKL.

By: Katherine E. Adams