On April 16, 2026, the U.S. Court of Appeals for the Federal Circuit revived a patent infringement lawsuit filed by Teva Pharmaceutical Industries against Eli Lilly and Company, overturning a prior decision by a Massachusetts federal judge that had invalidated the patents and set aside a $176.5 million jury verdict in Teva’s favor.

Teva originally filed the lawsuit in 2018, alleging that Lilly’s migraine drug Emgality infringed patents related to its competing treatment Ajovy. According to company reports, Emgality generated over $870 million in global revenue in 2024, while Ajovy brought in approximately $673 million.

A jury in 2022 found Lilly liable for infringement and awarded damages to Teva. However, in 2023, the trial judge overturned the verdict, ruling that Teva’s patents—covering the use of antibodies to block headache-causing peptides—were overly broad and failed to enable replication without “undue experimentation.”

On appeal, the Federal Circuit determined that the patents are valid and remanded the case back to federal court in Massachusetts. Lilly stated it disagrees with the ruling and is evaluating its legal options, while maintaining that the decision does not affect patient access to Emgality.

-------

Reference Materials:

https://www.reuters.com/legal/litigation/us-appeals-court-revives-teva-lawsuit-against-eli-lilly-over-migraine-drug-2026-04-16/