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Eli Lilly and Co. is looking to overturn a $20 million verdict finding it infringed a patent by selling its famous Cialis erectile dysfunction drug as a treatment for enlarged prostate ( Erfindergemeinschaft UroPep Gbr v. Eli Lilly and Co. , Fed. Cir., No. 15-cv-1202, notice of appeal filed, 9/25/17 ).In April, a jury awarded Erfindergemeinschaft UroPep Gbr $20 million in damages after finding Eli Lilly infringed UroPep’s U.S. Patent No. 8,791,124. UroPep asserted in a U.S. District Court for the Eastern District of Texas trial Eli Lilly infringed the patent by marketing and selling Cialis to treat benign prostatic hyperplasia (BPH), or enlarged prostate. The jury found Eli Lilly infringed the patent and the patent is valid.
The jury’s award compensated UroPep, a Hanover, Germany, company founded by research scientists at Hanover Medical School, for Cialis BPH sales up until the start of the trial. It also awarded UroPep a 5.68 percent royalty on Cialis BPH sales from then up until the patent expired in July.
With more than half of men over age 50 experiencing BPH, the market for treating the condition is lucrative. Cialis generated $2.5 billion in overall worldwide sales in 2016, according to its most recent annual report.
Eli Lilly sought to overturn the verdict or win a new trial, but the district court denied that request in a 79-page decision issued in August.
Eli Lilly now seeks relief in the U.S. Court of Appeals for the Federal Circuit. It submitted a notice of appeal Sept. 22, which was entered into the docket Sept. 25. A briefing schedule isn’t yet set.
Barnes & Thornburg LLP and Finnegan, Henderson, Farabow, Garrett & Dunner LLP represent Eli Lilly. Fish & Richardson PC; Bartlit Beck Herman Palenchar & Scott LLP; Gillam & Smith LLP represent UroPep.
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To contact the editor responsible for this story: Randy Kubetin at RKubetin@bna.com
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