Patent Docs: Eli Lilly & Co. v. Actavis Elizabeth LLC (Fed. Cir. 2011)

On the same day the Federal Circuit rendered its opinion in AMP v. USPTO (the Myriad case), the Court also handed down its opinion in Eli Lilly & Co. v. Activis Elizabeth LLC. In an opinion by Judge Newman, joined by Judge Lourie (Judge Friedman was on the panel, but died before the court reached its decision), the Federal Circuit reversed a District Court finding of invalidity based on the patentee's failure to satisfy the...