A federal judge in Massachusetts has denied Eli Lilly and Co.’s motion to dismiss a lawsuit filed by its competitor Teva Pharmaceutical, allowing a patent dispute over migraine prevention treatment to continue.
Teva argues that Eli Lilly induced infringement of two of Teva’s patents—11,028,160 and 11,028,161, titled “Treating Refractory Migraines”—which protect the methods for administering the drug for the treatment of “refractory” migraines, or for patients who failed on at least two prior migraine preventative treatments.
