US appeals court revives Teva lawsuit over Lilly osteoporosis drug
TEVA•Lower court dismissal sent back to Indiana
An Indiana federal court dismissed Teva's case last year. U.S. District Judge Matthew Brookman said the agreement was no longer in effect after the Lilly patents expired.
A three-judge 7th Circuit panel reversed the ruling on Monday and sent the case back to Indiana.
The agreement "simply does not tell us whether or when the Settlement Agreement expired, or whether or when the relevant covenants expired," the 7th Circuit said. "Those questions cannot be resolved in Lilly’s favor based solely on the text of the Settlement Agreement and the complaint."
The case is Teva Pharmaceuticals USA Inc v. Eli Lilly & Co, 7th U.S. Circuit Court of Appeals, No. 25-2125.
For Teva: Brian Burgess of Goodwin Procter
For Lilly: Melissa Sherry of Latham & Watkins
