`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`TEVA PHARMACEUTICALS
`INTERNATIONAL GMBH and
`TEVA PHARMACEUTICALS USA, INC.,
`
`Plaintiffs,
`
`v.
`
`ELI LILLY AND COMPANY,
`
`Defendant.
`
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`
`Case No. 1:18-cv-12029-ADB
`
`Leave to File Granted on
`Feb. 22, 2022 (ECF No. 272)
`
`DEFENDANT ELI LILLY AND COMPANY’S MOTION FOR
`SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION
`
`Pursuant to Federal Rule of Civil Procedure 56, Defendant Eli Lilly and Company
`
`(“Lilly”), by and through its undersigned counsel, hereby moves for summary judgment of
`
`invalidity under 35 U.S.C. § 112 for lack of written description as to all asserted claims of the
`
`patents-in-suit (U.S. Patent No. 8,586,045, claims 17, 18, 19, 20, 21, 24, 27, and 30; U.S. Patent
`
`No. 9,884,907, claims 1, 4, 5, 6, 15, and 17; and U.S. Patent No. 9,884,907, claims 1, 4, 5, 6, 15,
`
`and 17). The specification of the patents-in-suit does not, as a matter of law, demonstrate
`
`possession of the entire scope of the asserted claims in this action, which broadly cover methods
`
`of treating a wide range of headache disorders, using a vast array of functionally defined
`
`antibodies, administering a wide range of effective amounts, and using disparate routes of
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`administration. There are no material facts in dispute, and Lilly is entitled to judgment as a matter
`
`of law. The grounds for the motion are fully set forth in Lilly’s memorandum in support of this
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`motion, an affirmative Local Rule 56.1 statement of material facts, and the declaration of Emily
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`Gabranski in support of Lilly’s motion with accompanying exhibits, filed concurrently with this
`
`motion.
`
`
`
`Case 1:18-cv-12029-ADB Document 293 Filed 03/28/22 Page 2 of 3
`
`REQUEST FOR ORAL ARGUMENT
`
`Pursuant to Local Rule 7.1(d), Lilly respectfully requests oral argument on its motion for
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`summary judgment.
`
`Dated: March 28, 2022
`
`William B. Raich
`Danielle A. Duszczyszyn
`Denise Main
`Pier D. DeRoo
`Matthew Luneack
`Yoonjin Lee
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`William.Raich@finnegan.com
`Danielle.Duszczyszyn@finnegan.com
`Denise.Main@finnegan.com
`Pier.DeRoo@finnegan.com
`Matthew.Luneack@finnegan.com
`Yoonjin.Lee@finnegan.com
`
`/s/Andrea L. Martin
`Andrea L. Martin (BBO 666117)
`BURNS & LEVINSON LLP
`125 High Street
`Boston, MA 02110-1624
`(617) 345-3000
`amartin@burnslev.com
`
`Charles E. Lipsey
`Ryan O’Quinn
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`1875 Explorer Street
`Suite 800
`Reston, VA 20190-6023
`Charles.Lipsey@finnegan.com
`Oquinnr@finnegan.com
`
`Emily R. Gabranski (BBO 694417)
`Marta Garcia Daneshvar
`Lulu Wang (BBO 704042)
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`2 Seaport Lane
`Boston, MA 02210-2001
`Emily.Gabranski@finnegan.com
`Marta.Garcia@finnegan.com
`Lulu.Wang@finnegan.com
`
`Attorneys for Defendant
`Eli Lilly and Company
`
`2
`
`
`
`Case 1:18-cv-12029-ADB Document 293 Filed 03/28/22 Page 3 of 3
`
`LR 7.1(a)(2) CERTIFICATION
`
`I, Andrea Martin, hereby certify that Lilly’s counsel met and conferred with Plaintiffs’
`counsel on February 15, 2022 and March 8, 2022 in an effort to narrow areas of dispute with
`respect to the issues raised in this motion.
`
`/s/Andrea L. Martin
`Andrea L. Martin, Esq.
`
`CERTIFICATE OF SERVICE
`
`I, Andrea Martin, hereby certify that a copy of the foregoing document, filed through the
`CM/ECF system, will be sent electronically to the registered participants as identified on the
`Notice of Electronic Filing (NEF) and paper copies shall be served by first class mail postage
`prepaid on all counsel of record who are not served through the CM/ECF system on March 28,
`2022.
`
`/s/Andrea L. Martin
`Andrea L. Martin, Esq.
`
`
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