Sunday, March 3, 2013

Watson Sued by Depomed over Generic Drugs

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. To get alerts on cases filed, subscribe to our Litigation Alerts.

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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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