A federal appeals court reinstated a case alleging Teva delayed Eli Lilly's Forteo generic through a settlement. The ruling revives antitrust claims over a patent deal.
Alpha Score of 63 reflects moderate overall profile with strong momentum, strong value, weak quality, moderate sentiment.
A federal appeals court revived a lawsuit against Teva Pharmaceuticals over allegations the company delayed generic competition for Eli Lilly's osteoporosis drug Forteo. The lawsuit, brought by indirect purchasers, claimed Teva and its co-defendants struck a deal that kept a cheaper version of teriparatide off the market beyond the expiration of Teva's patents.
The U.S. Court of Appeals for the Third Circuit reversed an earlier dismissal, ruling that the plaintiffs had enough evidence to proceed with antitrust claims. The decision returns the case to the district court for further litigation.
Teva had settled patent litigation with Lilly in 2012, securing certain exclusivity rights. The plaintiffs argued the settlement improperly extended Teva's market control past the natural end of its patent protections, a practice known as a reverse-payment or pay-for-delay agreement. Such deals have drawn increasing scrutiny from courts and regulators.
The company's Alpha Score sits at 63 out of 100, a Moderate rating on the AlphaScala scale. Teva has faced multiple patent-related lawsuits across its generics portfolio in recent years.
The case now proceeds to the lower court for discovery and a potential trial. No trial date has been set.
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