Complaints filed by Eli Lilly and Company against Apotex, Inc. and Apotex Corp.

On April 4, and April 5, 2018, Eli Lilly and Company (“Plaintiff”) filed two complaints against Apotex, Inc. and Apotex Corp. (“Defendants”) asserting infringement of U.S. Patent No. 7,517,334 (“the ‘334 Patent”) in the United States District Court for the Southern District of Indiana and the United States District Court for the District of Delaware, respectively.  The ‘334 Patent is assigned to the Plaintiff and is drawn to a medication dispensing apparatus.  The Plaintiff is asserting that the Defendants will infringe the asserted patent by engaging in the commercial manufacture, use, or sale of Defendants’ ANDA product before the expiration of the ‘334 Patent.  The cases remain pending and are captioned 1-18-cv-01037 and 1-18-cv-00518, respectively.

By:  Jacqueline A. DiRamio

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