Litigation

Eli Lilly and Company v. Lupin Limited et al.

dismissed

1:08-cv-01596

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Court: U.S. District Court for the Southern District of Indiana
Filed: 2008-11-24
Terminated: 2011-04-27

Patents at issue (1)

Plaintiffs (1)

π Eli Lilly and Company

Defendants (2)

Summary

Lilly sued Lupin for infringement of US 5,023,269 in the Cymbalta/duloxetine HCl ANDA litigation. The case was dismissed by stipulation/consent order on April 27, 2011, converting Paragraph IV certifications to Paragraph III, with no appeal.

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Record id: 5023269-1-08-cv-01596 · edit in Admin

Further reading

Finding prior art with free tools: Google Patents, Lens, Espacenet, and more
A serious paid prior-art search costs $5,000 to $20,000. The first 80% of what you'd find is sitting behind free tools — if you know how to drive them.
Alice Corp. v. CLS Bank International (2014)
Bolting 'on a computer' onto an abstract business process doesn't make it patentable. Most software and business-method patents that look like 'doing X on a computer' don't survive when seriously challenged under Alice.
The America Invents Act (2011)
The AIA was the structural reform that gave defendants modern tools — IPR, broader prior art, joinder limits. The unfinished work is cost: AIA didn't make defense free, it made defense possible.
What it costs to get a patent (AIPLA Economic Survey)
A US utility patent costs a median of $8,000-$12,000 in attorney fees to draft and file, depending on the technology — before USPTO fees, before drawings, and before the first office action. Here's the full bill, and why it's a rounding error next to enforcing the thing.
The Patent Scam (2017): a documentary on the patent troll industry
Most people learn about patent trolls only when they get sued by one. The Patent Scam does the work of making the problem concrete before that happens.

All resources →