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US patent board upholds Teva patents on migraine drug in challenge by Eli Lilly

The validity of Teva Pharmaceutical Industries Ltd.'s migraine drug patents was upheld by the appeal board of the U.S. Patent and Trademark Office, rejecting a challenge by Eli Lilly and Co.

The Patent Trial and Appeal Board's decision covers three patents related to Teva's migraine drug Ajovy.

The dispute between the companies arose when Petah Tikva, Israel-based Teva sued Eli Lilly in 2018, alleging the Indianapolis-based drugmaker's Emgality infringed on the three patents. Lilly responded by seeking an inter partes review of Teva's patents, arguing that they were unpatentable from the start.

The board ruled that Eli Lilly failed to prove its claims that the three patents were unpatentable.

Ajovy belongs to a group of medicines known as calcitonin gene-related peptide, or CGRP, inhibitors. Other CGRP inhibitors include Lilly's Emgality and Novartis AG's Aimovig.

In March, the U.K.'s National Institute for Health and Care Excellence recommended Ajovy as a cost-effective therapy for treating chronic migraine. The therapy is also approved in the U.S. and Europe.