Federal Circuit IP

Teva Pharmaceuticals International GmbH v. Eli Lilly and Company

Published June 10, 2026

Teva Pharmaceuticals International GmbH v. Eli Lilly and Company
CAFC No. 2024-1094, Decided Apr. 16, 2026
(Prost, Cunningham, Andrews)  

 

Background:  

  • D. Mass.: Teva sued Lilly, alleging Lilly’s Emgality product infringed three “headache patents” covering methods of treating headache with humanized anti-CGRP antagonist antibodies. Teva also asserted separate antibody patents. The headache patents claimed methods of treatment, not the antibodies themselves. 
    • CGRP is involved in headache signaling; anti-CGRP antibodies block CGRP activity. Humanization converts murine antibodies into a form less likely to be rejected by the human immune system.  
  • IPRs: Lilly challenged both patent groups. The headache patents survived, while the antibody patents were held unpatentable. The Federal Circuit affirmed both results, and Teva dismissed the antibody-patent claims.  
  • Trial and JMOL: The jury found willful infringement and rejected Lilly’s written description and enablement defenses. After trial, the district court granted JMOL of invalidity under § 112 ¶ 1, finding the patents disclosed only one humanized antibody and did not support or enable the full claimed genus. Teva appealed. 

Issuewhether JMOL of invalidity under § 112 ¶ 1 was proper where the asserted method claims recite using a genus of humanized anti-CGRP antagonist antibodies to treat headache, but the specification disclosed only one humanized antibody. 

Holding: Reversed and remanded.  

Federal Circuit Analysis: 

  • Written Description: reversed. 
    • Lilly argued the specification disclosed only one humanized anti-CGRP antagonist antibody and did not support the full claimed genus.  
    • The Federal Circuit rejected that framing. The claims were directed to methods of using humanized anti-CGRP antagonist antibodies to treat headache, not to the antibodies themselves.  
    • Although the specification disclosed only one humanized antibody, it also disclosed several murine anti-CGRP antagonist antibodies, prior-art methods for humanization, and the use of such antibodies to treat headache. Evidence also showed that anti-CGRP antagonist antibodies were well known and humanization was routine, including Lilly’s own prior IPR statements.  
    • No bright-line rule based on structural differences. Structural differences may be relevant, but they do not automatically defeat written description where the claims are directed to a method of using a known class of antibodies. 
  • Enablement: reversed. 
    • Lilly argued that the claims were too broad because a POSITA would need to screen many candidate antibodies to determine which ones antagonize CGRP and treat headache.  
    • The Federal Circuit again emphasized that the claims were method-of-treatment claims, not composition claims to the antibodies themselves. The relevant “research assignment” was not making every antibody in the genus, but using humanized anti-CGRP antagonist antibodies to treat headache. Because the specification taught that such antibodies treat headache, and the record supported that the antibodies and humanization methods were known, a reasonable jury could find the claims enabled. 

Takeaways:  

  • Patent prosecutors:  
    • For method-of-treatment claims using a known genus, emphasize that the invention is the use of the genus, not necessarily the genus itself. 
    • When the broader class is known, the modification is routine, and the claimed use applies across the class, even one working humanized antibody may be sufficient. 
  • Patent challenger: 
    • Prior statements in IPRs can matter. Consider possible consequences in parallel district court litigation.