Monday, May 13, 2013

Cadence Withdraws Suit against Sandoz

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, 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] 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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