The USPTO’s Patent Trial and Appeal Board has upheld three patents protecting Teva Pharmaceutical Industries’ (TEVA +9.0%) migraine med Ajovy (fremanezumab-vfrm) that were challenged by Eli Lilly (LLY -0.9%).
Lilly claimed that the patents, related to
calcitonin gene-related peptide (CGRP)-targeting antibodies [(i.e.,
fremanezumab and Lilly’s Emgality (galcanezumab-gnlm)], were invalid
since CGRP was a clinically validated target for treating migraine well
before Teva filed its patent applications. Teva countered that the
earlier work centered on research tools to better understand the
science, not for developing an antibody.
Teva sued Lilly for infringement shortly after the
latter received the FDA nod in September 2018 after which Lilly
challenged the validity of the patents.
The companies’ civil suit is on hold until the patent office completes its reviews.
https://seekingalpha.com/news/3556858-teva-prevails-in-migraine-patent-dispute-shares-up-9
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