April 28, 2016 / 11:12 AM / 4 years ago

Pharmacy stuck in Cialis patent war between Eli Lilly, German firm

A federal judge in Texas has blocked a Texas pharmacy chain’s early exit from the patent war between Eli Lilly and a German pharmaceutical firm over the use of the erectile dysfunction drug Cialis to treat the prostate condition known as BPH.

Attorneys at Barnes & Thornburg had argued that Lufkin, Texas-based Brookshire Brothers was sued only as “a clear tactical ploy” to establish venue for Hannover, Germany-based UroPep’s lawsuit against Indiana-based Eli Lilly in the plaintiff-friendly Eastern District of Texas. But U.S. District Judge William Bryson in Marshall, Texas, on Tuesday found it “plausible” that the pharmacy chain could also be held liable for patent infringement as UroPep’s attorneys at Fish & Richardson alleged.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/21gL4vC

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