Wednesday, November 28, 2012

GlycoBioSciences vs. Innocutis in Patent Suit

On Monday, November 25, 2012, GlycoBioSciences (plaintiff) recorded a suit against Innocutis and DARA BioSciences (defendants) for patent infringement in the U.S. District Court of Columbia (case no. 1:12-cv-01901). 

GlycoBioSciences is a pharmaceutical company exclusively devoted to the sale, licensing and development of IPM (ionic polymer matrix) technology and products. In 2008, GlycoBioSciences purchased the assets of LAM pharmaceutical and launched Hylase, a tropical wound gel acting as a lubricant and shock absorber for joints, used to treat knee pain. Innocutis is a pharmaceutical and medical device company specializing in the development and commercialization of therapies and devices focused on medical treatment of dermatological conditions.  DARA BioSciences is a specialty pharmaceutical company focused on the development and commercialization of oncology treatment and supportive care products.

The patents involved in this suit are:

Patent Number

Current Assignee[i]
Issued Date
Expiration Date[ii]

Apr 20, 2004
Sep 29, 2015
Topical drug preparations

Sep 19, 2000
Sep 29, 2015
Topical drug preparations
Note: Table Information sourced from Maxval’s Assignment Database

According to the complaint, GlycoBioSciences developed IPM Diclofenac pain gel and obtained FDA approval for Hylase. Plaintiff alleges that Innocutis markets FDA approved drug Bionect®, which includes the formulation claimed in the above patents. Bionect® acts as a lubricant on the skin by restoring moisture and preventing friction or abrasion. It is also advertised as a tropical treatment of dermatological conditions. DARA is the exclusive licensee of Innocutis for certain indications of Bionect®. 

The plaintiff in the past had filed suit against the companies below:

Company Name
Case Number
Date Filed
Jun 23, 2011
Nycomed US, Pharmaderm and Jagotec
Mar 17, 2011

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

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

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

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