IN RE ELI LILLY AND CO.

No. 22-1094.

37 F.4th 160 (2022)

IN RE: ELI LILLY AND COMPANY; Eli Lilly Italia S.P.A.; Eli Lilly Kinsale Limited; Eli Lilly Ges.m.b.H.; Eli Lilly Nederland B.V. Eli Lilly and Company; Eli Lilly Italia S.P.A.; Eli Lilly Kinsale Limited; Eli Lilly Ges.m.b.H.; Eli Lilly Nederland B.V., Movants-Appellants, v. Novartis Pharma AG, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 16, 2022.


Attorney(s) appearing for the Case

ARGUED: Katherine Ann Helm , DECHERT, LLP, New York, New York, for Appellants. William M. Jay , GOODWIN PROCTER, LLP, Washington, D.C., for Appellee. ON BRIEF: Christina Guerola Sarchio , DECHERT LLP, Washington, D.C., for Appellants. Jordan Bock , GOODWIN PROCTER LLP, Boston, Massachusetts, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Diaz and Senior Judge Floyd joined.


Eli Lilly and Company and its foreign subsidiaries (collectively, "Eli Lilly") applied to the district court under 28 U.S.C § 1782 for an order requiring Novartis Pharma AG to provide discovery for use in ongoing patent litigation between the two companies in various European countries. Section 1782(a) authorizes a...

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