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# Lilly to Appeal Adverse Axiron Court Decision
- URL: https://www.fdaweb.com/lilly-to-appeal-adverse-axiron-court-decision/
- Published: 2016-08-25T12:00:00.000Z
- Updated: 2026-09-14T21:27:04.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5136610

Lilly says it will appeal an Indiana federal court ruling that its formulation patent for the testosterone treatment Axiron was invalidated and therefore would not be infringed by commercialization of generic forms of the drug. The court also determined that an underarm applicator patent was valid but also would not be infringed.

Lilly and the drug developer, Australia’s Acrux, filed a 2015 suit against generic drug makers including Perrigo, Actavis, and Lupin for patent infringement.

In announcing its intention to appeal, Lilly said it continues to emphasize that “protection of intellectual property rights is extremely important to the biopharmaceutical industry and the patients we serve. These rights provide assurances of market exclusivity that help support the development of the next generation of innovative medicines to treat unmet medical needs.”