Accord, Intas sued for Patent Infringement

On Monday, November 19, 2012, Millennium Pharmaceuticals (plaintiff) lodged a complaint against Intas (defendant) for patent infringement in the U.S. District Court of Delaware (case no. 1:12-cv-01490). 

Millennium Pharmaceuticals markets Velcade (bortezomib) for injection, a cancer product, and has a growing clinical development pipeline of product candidates. Millennium’s research, development and commercialization activities are focused in two therapeutic areas: oncology and inflammation. Millennium is a wholly owned subsidiary of Takeda, a Japanese pharmaceutical company. Intas is a vertically integrated global pharmaceutical formulation development, manufacturing and marketing company headquartered in India. Accord Healthcare is a wholly owned subsidiary of Intas and is engaged in all the licensing activities and pharmaceutical product trading in the regulatory markets.  

The patents involved in this suit are:

Patent Number Current Assignee[1]	Issue Date	Expiration Date[2]	Title
US6713446 USA as represented by the Secretary of Health and Human Science	Mar 30, 2004	Jan 25, 2022	Formulation of boronic acid compounds
US6958319 USA as represented by the Secretary of Health and Human Science	Oct 25, 2005	Jan 25, 2022	Formulation of boronic acid compounds

Note: Source is from Maxval’s Assignment Database.

Millennium is the exclusive licensee of the above patents. Plaintiff received US Food and Drug Administration (FDA) approval of  New Drug Application[3] (NDA) no. 21-206 for Velcade® (source: Patent Marker) on May, 13, 2003. Defendant with the Abbreviated New Drug Application (ANDA) no. 204405 also seeks FDA approval to market a generic version of Velcade (the Accord ANDA product), which, according to the complaint is covered by the above patents. Velcade® is given as injection for patients with multiple myeloma and relapsed mantle cell lymphoma.

                                        

Fig.1. Velcade 3.5 mg solution for injection 

Plaintiff has filed suit against other companies and the case details are as below:

Company	Case Number	Date Filed	Status
Sandoz	1:12-cv-01011	08/02/2012	Pending
Teva Parenteral Medicines	1:10-cv-00137	02/19/2010	Closed
Teva Parenteral Medicines	1:09-cv-00204	03/27/2009	Closed
Teva Parenteral Medicines	1:09-cv-00105	02/18/2009	Closed

If you are interested in knowing more about the above cases, please contact us.

For more details, visit Maxval-IP and subscribe to our Litigation Alerts.

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[1] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

[2] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.

[3] Patent Marker provides an online environment for patentees can virtually mark products and search for patent related information.