Federal Circuit Patent Updates - January 2017

Eli Lilly and Company v. Teva Parenteral Medicines (No. 2015-2067, 1/12/17) (Prost, Newman, Dyk)

January 12, 2017 4:32 PM

Prost, C. J. Affirming judgment of induced infringement by an ANDA and no invalidity for indefiniteness, obviousness, or obviousness—type double patenting. "Depending on the clarity of the [proposed drug label] instructions, the decision to continue seeking FDA approval of those instructions may be sufficient evidence of specific intent to induce infringement. ...Conversely, 'vague' instructions that require one to 'look outside the label to understand the alleged implicit encouragement' do not, without more, induce infringement." "[E]vidence that the product labeling that Defendants seek would inevitably lead some physicians to infringe [the method claims] establishes the requisite intent for inducement."