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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`BURROUGHS, D.J.
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`Pursuant to Federal Rule of Civil Procedure 50 and for the reasons set forth in the Court’s
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`Memorandum and Order, [ECF No. 695], it is hereby ordered that judgment as a matter of law
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`on invalidity is GRANTED in Defendant Eli Lilly and Company’s favor, and all asserted claims
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`of U.S. Patent Nos. 8,586,045, 9,884,907, and 9,884,908 are therefore invalid.
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`Moreover, under Federal Rule 50(c)(1), “[i]f the court grants a renewed motion for
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`judgment as a matter of law, it must also conditionally rule on any motion for a new trial by
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`determining whether a new trial should be granted if the judgment is later vacated or reversed.”
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`Fed. R. Civ. P. 50(c)(1). In this case, were the Federal Circuit to vacate this judgment, a new
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`trial would be warranted because, as explained in the Memorandum and Order, the jury’s verdict
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`with respect to written description and enablement was against the clear weight of the evidence
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`presented.
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`SO ORDERED.
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`September 28, 2023
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`/s/ Allison D. Burroughs
`ALLISON D. BURROUGHS
`U.S. DISTRICT JUDGE
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`Civil Action No. 18-cv-12029-ADB
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`**********
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`*
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`ORDER
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`TEVA PHARMACEUTICALS
`INTERNATIONAL GMBH and TEVA
`PHARMACEUTICALS USA, INC.,
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`Plaintiffs,
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`v.
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`ELI LILLY AND COMPANY,
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`Defendant.
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