Lawsuit Summary - Millennium Pharmaceuticals vs. Fresenius Kabi

Complaint Type: Patent Infringement	Court: Delaware District Court
Date Filed: Mar 22, 2013	Case Number: 1:13-cv-00467
Plaintiff(s): 1.      Millennium Pharmaceuticals, Inc.	Defendant(s): 1.      Fresenius Kabi USA, LLC 2.      Fresenius Kabi Pharmaceuticals Holding, Inc. 3.      Fresenius Kabi USA, Inc.

The patent information is as below: 

Patents Current Assignee[*]	Issued To	Issue Date	Expiration Date[†]	Title
US6713446 Dept. of Health and Human Services	Shanker Lal	Mar 30, 2004	Jan 25, 2022	Formulation of boronic acid compounds
US6958319 Dept. of Health and Human Services	Shanker Lal	Mar 30, 2004	Jan 25, 2022	Formulation of boronic acid compounds

Assignment Information sourced from MaxVal’s Assignment Database. 

The parties:

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.

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 related medical devices and blood transfusion technologies.

As in complaint:

Millennium is the exclusive licensee of the above patents to market for use in oncology disease states. Plaintiff currently holds[‡] approval for Velcade® with the New Drug Application (NDA) no. 21-602 (source: Patent Marker) that is approved by FDA on May, 13, 2003. Defendant with the Abbreviated New Drug Application (ANDA) no. 205004 also seeks FDA approval to market a generic version of Velcade, which, according to the complaint is covered by the above patents. Velcade® is a cancer chemotherapy drug used to treat certain types of tumors (e.g., multiple myeloma). It blocks certain proteins which help to slow the growth and spread of the cancer.

Other cases:

Other recent cases filed by the plaintiff are

·         1:12-cv-01750 - Actavis

·         1:12-cv-01490 - Accord Healthcare

·         1:12-cv-01410 - APP Pharmaceuticals

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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.