Cadence, a biopharmaceutical
company and SCR Pharmatop have filed a voluntary dismissal on May 09,thereby
ending a patent dispute over Sandoz’s plans to make a generic version of
Cadence's Ofirmev brand of injectable acetaminophen.
Case Filed: Feb 05, 2013
Case Closed: May 09, 2013
Court: New Jersey District Court
Judgment: Jerome B. Simandle
Case Summary:
Cadence and the owner of the two
patents covering the drug, French company SCR Pharmatop, sued Sandoz, alleging Sandoz’s
abbreviated new drug application for generic injectable acetaminophen had
infringed on their patent rights. Cadence sublicenses the patents from SCR Pharmatop’s
exclusive licensee, Bristol-Myers Squibb Co. The patents are currently assigned[i]
to SCR Pharmatop (source: MaxVal’s Assignment
Database).
Cadence said Sandoz have
submitted an abbreviated new drug application no. 204052 with the U.S. Food and
Drug Administration, seeking approval to manufacture and sell a generic version
of Ofirmev, which is used to treat pain and to reduce fever. According to the
complaint, if allowed to pursue its generic, Sandoz would infringe the
following U.S. patents that protect the branded pain reliever:
US6028222 titled ‘Stable liquid
paracetamol compositions, and method for preparing same,’ issued on Feb 22,
2000 and expires[ii] by Aug 05, 2016
US6992218 titled ‘Method for obtaining
aqueous formulations of oxidation-sensitive active principles,’ issued on Jan
31, 2006 and expiresii by Jun 06, 2020
The
case was terminated on May 9, 2013 as Cadence voluntarily requested
dismissal. At this point, there are no further details available, on the terms
of settlement. Substantially similar case, involving
the same patents has been filed by Cadence against Sandoz on May 04, 2013,
which is still pending.
See 1:13-cv-00733 for
more details. To get alerts on cases filed/closed,
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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
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