Plaintiff: Depomed, Inc.
Defendant: Watson
Laboratories, Actavis and Watson Pharma
A patent infringement case 1:13-cv-00342 was filed on Feb 28 in the Delaware
District Court. The case was filed by Depomed against Watson and Actavis. The
patents-in-suit are US6340475 and US6635280 (Extending the duration of drug
release within the stomach during the fed mode), US6488962 (Tablet shapes to
enhance gastric retention of swellable controlled-release oral dosage forms) and
US6723340 (Optimal polymer mixtures for gastric retentive tablets). These
patents are currently assigned[i] to
Depomed (source: MaxVal’s Assignment Database).
Plaintiff is the current
holder[ii]
of the New Drug Application (NDA) no.
021748 for Glumetza® (source: MaxVal’s Patent Marker)
that was approved by FDA for metformin hydrochloride extended release tablets
in 500 and 1000 mg dosage strengths. Plaintiff alleges that defendants (Watson
is a wholly owned subsidiary of Actavis) with the Abbreviated New Drug
Application (ANDA) no. 203755 is seeking FDA approval to market a generic
version of Glumetza, which infringes the claims covered in the patents-in-suit.
Glumetza is used with a
proper diet and exercise program and possibly with other medications to control
high blood sugar. It is used in patients with type 2 diabetes.
Recently Depomed
has filed a case against Purdue Pharma and the case involves the patents
US6340475, US6635280 and US6723340. If
you are interested in knowing more about the above case, please contact
us.
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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] Patent Marker
provides an online environment where patentees can virtually mark products and
search for patent-related information.
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