Bristol-Myers Sues Reddy’s over Ixempra

Plaintiff: Bristol-Myers Squibb Company

Defendants: Dr. Reddy’s Laboratories Ltd. and Dr. Reddy’s Laboratories Inc. 

Case Number: 3:12-cv-07800

Date Filed: December 21, 2012

Court:New Jersey District Court

Patents-in-Suit: US6670384, US7022330 and RE41393

Patent Number Current Assignee[*]	Issued Date	Expiration Date[†]	Title
US6670384 Bristol-Myers Squibb	Dec 30, 2003	Jan 23, 2022	Methods of administering epothilone analogs for the treatment of cancer
US7022330 Bristol-Myers Squibb	Apr 04, 2006	Jan 17, 2022	Parenteral formulation for epothilone analogs
USRE41393 Bristol-Myers Squibb	Jun 22, 2010	Jan 17, 2022	Treatment of refractory tumors using epothilone derivatives

  Table information sourced from Maxval’s Assignment Database. 

The ‘384 and ‘330 patents relate to methods of administration for parenteral and oral compositions of certain epothilone analogs that are characterized by enhanced clinical efficacy, while the ‘393 patent relates to the use of certain potent epothilone analogs in the treatment of tumors that have demonstrated resistance to therapy with other chemotherapeutic agents.

About the Parties:

Bristol-Myers Squibb (BMS) is a biopharmaceutical company engaged in the discovery, development, licensing, manufacturing, marketing, distribution, and sale of biopharmaceutical products that help patients prevail over serious diseases worldwide. The company sells its products to wholesalers, as well as directly to distributors, retailers, hospitals, clinics, government agencies, and pharmacies. The company was formerly known as Bristol-Myers Company and changed its name to Bristol-Myers Squibb Company in 1989. Bristol-Myers Squibb Company was founded in 1887 and is headquartered in New York, New York.

Dr. Reddy’s Laboratories (DRL) is an integrated pharmaceutical company focused on providing medicines through its three business segments: Global Generics segment, Pharmaceutical Services and Active Ingredients (PSAI) segment and Proprietary Products segment. Dr. Reddy's manufactures and markets a wide range of pharmaceuticals in India and overseas. 

As in Complaint:

BMS is the current holder[‡] of the New Drug Application (NDA) no. 022-065 for Ixempra® Kit (source: Maxval’s Patent Marker) that is approved by FDA. Ixempra Kit (see Fig. 1) delivers a microtubule inhibitor and is indicated for both mono therapy and combination therapy breast cancer treatment. BMS alleges that DRL seeks FDA approval to market a generic version of Ixempra® Kit with the Abbreviated New Drug Application (ANDA) no. 20-4303 that infringes the above patents.

 Fig. 1

Other Cases Filed:

Other cases filed by Bristol-Myers Squibb are as follows:

Defendant	Case Number	Date Filed	Status
Sandoz	1:12-cv-00787	06/21/2012	Pending
Apotex	3:11-cv-06918 3:10-cv-05810 1:2005cv02659	11/23/2011 11/08/2010 03/08/2005	Closed Pending Closed
Teva Pharmaceuticals	1:10-cv-00805 1:10-cv-00264 1:10-cv-00198 1:09-cv-00919	09/22/2010 04/01/2010 03/11/2010 12/02/2009	Pending Pending Pending Pending
Sicor Pharmacutical	1:2005cv02660	03/08/2005	Closed

         Table information sourced from Maxval’s Litigation Database. 

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

[†]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.

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