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August 18, 2021

Comments

One cannot, of course, raise written description issues in an IPR, but Lilly needs never worry about *any* of those claims. Even the ones that survived the IPRs would fail on §112(a) grounds if ever they were asserted in court.

BTW, did anyone else have a dickens of a time while reading these cases in remembering that Teva was the *patentee* here and Lilly the IPR petitioner? That is not the usual arrangement when you see those two names across the “v.” in a published opinion.

I will confess, Greg, that I had to check that I had the parties right a few times.

Interestingly, in district court litigation related to these IPRs Teva has asked the Court for discovery sanctions. So we should see if Sec. 112(a) becomes the/a basis for Lilly to prevail (unless it settles, of course).

Thanks for the comment.

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