Tevra Brands, LLC v. Elanco Animal Health Incorporated

I. BACKGROUND

19 On July 26, 2019, Tevra Brands LLC (“Tevra”) filed an antitrust action against Bayer 20 HealthCare LLC (“Bayer”), alleging that Bayer’s sale of name brand Advantage and Advantix 21 topical flea and tick treatments for cats and dogs with the active ingredient Imidacloprid violated 22 antitrust laws. See Tevra Brands, LLC v. Bayer HealthCare LLC et al., No. 5:19-cv-04312-BLF 23 (N.D. Cal., filed on July 26, 2019) (“Bayer Action”). Following trial, on August 1, 2024, a jury 24 found Tevra had failed to prove, by a preponderance of the evidence, that the relevant antitrust 25 market for topical flea and tick medications was limited to imidacloprid topicals. Bayer Action, ECF 26 485. On the same day, the Court entered Judgment. See Bayer Action, ECF 487. On January 21, 27 2025, the Court denied Tevra’s Motion for a New Trial. ECF 523. On February 28, 2025, Tevra appealed the final judgment in the Bayer Action to the United States Court of Appeals for the Ninth Circuit. ECF 524. On August 1, 2024, Tevra filed this antitrust lawsuit against Elanco alleging Elanco engaged in exclusionary practices that substantially foreclosed generic competitors…