Teva Pharmaceuticals Int 2019l GmbH v. Eli Lilly & Co. (17-cv-12087).

  • October 25, 2017

Teva sued Eli Lilly, accusing it of infringing five Teva patents covering humanized monoclonal antibodies that can be used to treat migrane sufferers. This month, Teva submitted a Biologics License Application ( 201cBLA 201d) to the FDA seeking approval to market their product, known as 201cfremanezumab. 201d Eli Lilly recently stated that it had filed its own BLA for a monoclonal antibody, to be called 201cGalcanezumab, 201d that targets the same peptide that Teva 2019s product targets. Based on Eli Lilly 2019s completion of Phase III clinical trial, its filing of the BLA, and its extensive press statements that it intends to make and sell the product upon receiving approval, Teva asserts that its cause of action is ripe for consideration by the courts. Regarding venue (Eli Lilly is not alleged to be a Massachusetts corporation), Teva asserts that Eli Lilly is registered to do business in the Commonwealth, has a registered agent and a Foreign Corporation Certificate of Registration in the Commonwealth, described its business in Massachusetts as 201cpharmaceutical manufacturing and sales 201d in 2017 Annual Report filed with the state, and employs consultants and sales people in Massachusetts to work with Massachusetts health care providers. Moreover, Eli Lilly is asserted to have a facility in Cambridge (in a building, coincidentally, that resides directly behind my firm 2019s office in Kendall Square) at which it does research and development work, including work on delivery of biologics and pain treatment, which Teva suggests meets the 201ccommitted acts of infringement 201d part of the patent venue statute.

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