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SUN PHARMACEUTICAL INDUSTRIES v. ELI LILLY AND CO.

No. 2010-1105.

611 F.3d 1381 (2010)

SUN PHARMACEUTICAL INDUSTRIES, LTD., Plaintiff-Appellee, v. ELI LILLY AND COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 28, 2010.

Attorney(s) appearing for the Case

James F. Hurst, Winston & Strawn LLP, of Chicago, IL, argued for plaintiff-appellee. With him on the brief were Gail J. Standish and Peter E. Perkowski, of Los Angeles, CA.

Charles E. Lipsey, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, of Reston, VI, argued for defendant-appellant. With him on the brief were Robert D. Bajefsky, Howard W. Levine, Robert F. Shaffer and Jessica R. Underwood, of Washington, DC. Of counsel on the brief was James P. Leeds, Eli Lilly and Company, of Indianapolis, IN.

Before BRYSON, GAJARSA, and PROST, Circuit Judges.

PROST, Circuit Judge.

Appellant Eli Lilly and Company ("Lilly") appeals from a final judgment of the U.S. District Court for the Eastern District of Michigan, finding claims 2, 6, and 7 of U.S. Patent No. 5,464,826 ("'826 patent") invalid for obviousness-type double patenting over U.S. Patent No. 4,808,614 ("'614 patent"). Because the district court correctly found these claims of the '826 patent invalid, we affirm.

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