Just because a company has had its patent approved by regulating authorities does not mean that it no longer has anything to worry about regarding protecting its intellectual property rights. It is possible for a competing company to attempt to challenge the patent. This is what is happening in a business litigation lawsuit in federal court in a case involving a foreign drug maker with an affiliate company based in Michigan.
Eli Lily and Co. has recently initiated a lawsuit against a foreign drug maker for infringing on one of its patented drug products. The foreign drug maker has admitted that it has filed for a Food and Drug Administration application to begin selling a generic version of the drug Axiron. The application filed by defendant argues that Eli Lily's patents for Axiron are unenforceable and invalid.
The legal complaint filed by Eli Lily alleges infringement by the defendant on three patents owned by the plaintiff. Eli Lily purchased the right to market the drug, designed to treat men with low testosterone, from a biotechnology firm named Acrux. The three patents in question are owned by Acrux, which the plaintiff argues are valid and enforceable by law.
Now that the business litigation process is moving forward both the plaintiff and the defendant will have to present legal arguments in front of a judge. The plaintiff will have to prove the enforceability and validity of patents owned by Acrux. On the other hand, the defendant, which has an affiliate company located in Michigan, will have to prove otherwise. Knowledge of applicable intellectual property laws will be valuable for either party in the case.
Source: indystar.com, " Eli Lilly and Co. files patent infringement lawsuit against Israeli maker of generics ," Jeff Swiatek, May 29, 2013