Fresenius Kabi Sued for Patent Infringement

Plaintiff: Cadence Pharmaceuticals and SCR Pharmatop

Defendant: Fresenius Kabi USA

Case Number: 3:13-cv-00139

Date Filed: January 17, 2013

Court: California Southern District Court

Patents-in-Suit: US6028222 and US6992218

Patent Number Current Assignee[i]	Issue Date	Expiration Date[ii]	Title
US6028222 SCR Pharmatop	Feb 22, 2000	Aug 05, 2016	Stable liquid paracetamol compositions, and method for preparing same
US6992218 SCR Pharmatop	Jan 31, 2006	Jun 06, 2020	Method for obtaining aqueous formulations of oxidation-sensitive active principles

Table Information sourced from Maxval’s Assignment Database.

For the above mentioned patents Cadence is the exclusive sub-licensee.

About the Parties:

Cadence Pharmaceuticals is a biopharmaceutical company focused on in-licensing, developing and commercializing proprietary product candidates principally for use in the hospital setting. Cadence currently markets Ofirmev, an intravenous formulation of acetaminophen.

Fresenius Kabi is focused on the care of critically and chronically ill patients inside and outside the hospital. Its portfolio of products comprises a wide range of IV drugs, infusion therapies, clinical nutrition products as well as the related medical devices and blood transfusion technologies.

As in Complaint:

Cadence is the current holder[iii] with the New Drug Application (NDA) no. 022450 for Ofirmev® (source: Maxval’s Patent Marker), which was approved by FDA. Ofirmev is used to treat pain and to reduce fever. Ofirmev is sometimes given with opioid (sometimes called narcotic) pain medication to treat moderate to severe pain. Plaintiffs allege that defendant with the Abbreviated New Drug Application (ANDA) no. 20-4767 seeks FDA approval to market a generic version of Ofrimev that infringes the ‘222 and ‘218 patents.

Other Cases Filed:

Cadence has filed another case (1:13-cv-00453) against Fresenius Kabi on January 18, 2013 which is pending.

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[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.

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