Teva wins $175M settlement after jury orders Eli Lilly to pay up on patent infringement suit
Just one month after the news that Teva and Eli Lilly were going to duke it out in federal court, a jury has now come to a conclusion.
And that conclusion will cost Eli Lilly more than $175 million.
A jury verdict in Massachusetts district court was handed down Wednesday between the Big Pharma and the generics giant. Per the verdict sheet, Eli Lilly has to pay Teva a combined $176.5 million on three types of damages: $90 million in past lost profits; $36.74 million in what the jury deemed was a reasonable royalty fine at a 5% rate; and $49.8 million to be paid in future lost profits.
Teva had originally sued Eli Lilly back in 2018, after Teva alleged that Lilly infringed on nine patents with its migraine drug Emgality, a rival to its own treatment, branded Ajovy. The rivals were both approved in September 2018 as preventative treatments for migraines, designed to block a protein called calcitonin gene-related peptide (CGRP) that has been associated with migraine pain.
And while Emgality reported $577 million in sales in 2021, Teva’s Ajovy made less — roughly $313 million in contrast.
A Patent Trial and Appeal Board had previously invalidated six of the patents, leaving Teva fighting to uphold the other three patents, referred to by the jury verdict Wednesday as the “Zeller patents.”
The unanimous verdict, on top of deciding damages, also ruled that Teva proved that Lilly willingly infringed on Teva’s patents, and that Lilly did not prove its claim that Teva’s patents were invalid “for lack of written description” and invalid “for lack of enablement.”
Just last month, a federal appellate court declined to invalidate Teva’s final three patents, while also declining to decline a summary judgement in favor of either Teva or Eli Lilly.
Neither Teva nor Lilly responded to requests for comment from Endpoints News before publication.