Federal Circuit Upholds $177 Million Verdict Against Eli Lilly Over Migraine Drug Emgality

The Federal Circuit has denied rehearing en banc in Teva v. Eli Lilly, upholding a $177 million jury verdict against Lilly over its migraine drug Emgality.

Judge Dyk dissented from the decision, arguing that it creates confusion about enablement standards for method claims and contradicts the Supreme Court's ruling in Amgen Inc. v. Sanofi (2023).

The dispute centers on Teva's Ajovy, a humanized monoclonal antibody that blocks CGRP to treat migraine pain.

Judge Dyk's dissent emphasizes that claiming a method of use cannot excuse the enablement requirement for the component itself.