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ADOCIA the biopharmaceutical company focused on the treatment of diabetes and other metabolic diseases with innovative formulations of approved proteins, announces that Eli Lilly and Company filed a complaint against Adocia in the United States District Court of the Southern District of Indiana on October 9th, 2018. Lilly’s complaint seeks a declaratory judgment that “the designations of inventorship currently appearing on United States Patent Nos. US 9,901,623 and 9,993,555 are complete and correct, as required by the patent laws of the United States.” US Patent No. 9,901,623 is entitled “Rapid-acting insulin compositions” and was issued February 27, 2018. US Patent No 9,993,555 is entitled “Rapid-acting insulin compositions” and was issued June 12, 2018. The complaint has not yet been served to Adocia and no schedule for the case has been set. Lilly contends in its complaint that it filed the action because Adocia has asserted that Lilly’s patents reflect Adocia’s inventive contributions.
“Adocia welcomes the opportunity to address, in the appropriate forum, its concerns about the alleged inventorship of Lilly’s two cited patents. Indeed, we have previously asked Lilly to appropriately recognize Adocia’s contributions.” commented Gérard Soula, Chairman and CEO of Adocia. “We intend to protect Adocia’s rights, including our claims asserted in the separate, ongoing arbitration procedure which we initiated against Lilly.”
Of note, Adocia and Lilly are already engaged in separate arbitration proceedings. In August 2018, the arbitration Tribunal found in favor of Adocia on the first phase of this arbitration, and Adocia was awarded USD 11.6 million in damages; earlier this week, the Tribunal also awarded Adocia interest on that amount, accruing from March 30, 2017. Adocia’s additional claims for misappropriation and misuse by Lilly of Adocia’s confidential information and discoveries, as well as Lilly’s counterclaims, remain pending and are set for hearing in December 2018, with a decision anticipated in 2019.
Source: Company Press Release