ARTICLE · 27 AUGUST 2021

Patent Case Summaries | Week Ending August 20, 2021

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A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

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Kirk T. Bradley

Tyler McKendrick

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Eli Lilly & Co. v. Teva Pharmaceuticals International GmbH, Nos. 2020-1876, -1877, -1878 (Fed. Cir. (PTAB) Aug. 16, 2021). Opinion by Lourie, joined by Bryson and O'Malley.

Teva owns three patents directed to "methods of treatment using humanized antibodies that antagonize CGRP [calcitonin gene-related peptide] and thus inhibit its activity in the body." Lilly filed petitions for IPR challenging various claims as obvious over a combination of prior art references.

In construing the claims, the Patent Trial and Appeal Board found the preambles to be "limiting to the extent that they require that the recited method must be performed with the intentional purpose of 'reducing incidence of or treating' at least one vasomotor symptom ... or headache." Based

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