A federal judge on Thursday dismissed a pair of patent infringement lawsuits by Teva Pharmaceutical Industries Ltd that sought to block Eli Lilly and Co from bringing its migraine drug Emgality to market in the United States.
U.S. District Judge Allison Burroughs in Boston said the lawsuits failed to raise an actual controversy that would allow her to rule in advance of the U.S. Food and Drug Administration’s approving Lilly’s product on whether it infringed Teva’s patents.
The FDA approved Teva’s own migraine drug, Ajovy, on September 14.
Representatives for the companies did not immediately respond to requests for comment.
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