Wednesday, February 6, 2013

Cadence Pharmaceuticals Files Patent Lawsuit against Sandoz

Plaintiff: Cadence Pharmaceuticals Inc. and SCR Pharmatop

Defendant: Sandoz

Case Number: 3:13-cv-00278

Date Filed: February 04, 2013

Court:California Southern District Court

Patents-in-Suit: US6028222 and US6992218
Patent Number
Current Assignee[*]
Issue Date
Expiration Date[†]

SCR Pharmatop
Feb 22, 2000
Aug 05, 2016
Stable liquid paracetamol compositions, and method for preparing same

SCR Pharmatop
Jan 31, 2006
Jun 06, 2020
Method for obtaining aqueous formulations of oxidation-sensitive active principles
Table information obtained from Maxval’s Assignment Database.

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

The Parties:
Cadence Pharmaceuticals develops biopharmaceutical products. It focuses on acquiring, in-licensing, developing and commercializing proprietary products, which are used in the hospital setting. The company holds rights of OFIRMEV, a proprietary intravenous formulation of acetaminophen for the management of pain and reduction of fever in adults and children. The company was founded by Theodore R. Schroeder and Cam L. Garner on May 26, 2004 and is headquartered in San Diego, CA.

Sandoz a division of the Novartis is a generic pharmaceutical company with key product groups such as antibiotics, treatments for central nervous system disorders, gastrointestinal medicines, cardiovascular treatments, and hormone therapies. Sandoz develops, produces, and markets these medicines along with pharmaceutical and biotechnological active substances and anti-infectives. 

As in complaint:
Defendant with the Abbreviated New Drug Application (ANDA) No. 20-4052 seeks approval of FDA to market a generic version of Cadence pharmaceutical product Ofirmev®, a acetaminophen injection as 10 mg/mL, 100 mL vials, which is covered by the patents-in-suit. 

Cadence is the current holder[‡] of the New Drug Application (NDA) no. 022450 for Ofirmev, (source: Patent Marker) (see Fig. 1) with active ingredient as acetaminophen that is approved by FDA on November 02, 2010.  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.

Other Cases Filed:

Plaintiff had recently filed 2 cases against Fresenius Kabi USA (3:13-cv-00139 and 1:13-cv-00453) on January 17 and 18, 2013, which are pending.
If you are interested in knowing about the case(s) filed by Cadence, please contact us.
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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 where patentees can virtually mark products and search products for patent-related information.

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