Galderma Laboratories filed a
lawsuit in the Northern District of Texas against Watson Pharmaceuticals. Watson submitted an ANDA (abbreviated new
drug application) no. 204067 seeking approval to engage in the commercial
manufacture of generic Adapalene and Benzoyl Peroxide Gel, which according to Galderma
infringes the claims of three of its patents. The patents involved in this suit
were:
US8071644
- Combinations of adapalene and benzoyl
peroxide for treating acne lesions and issued on Dec 06, 011.
US8080537
- Combinations of adapalene and benzoyl
peroxide for treating acne lesions and issued on Dec 20, 2011
US8129362 - Combination/association
of adapalene and benzoyl peroxide for treating acne lesions and issued on
Mar 06, 2012
The patents expire[i]
by Jul 13, 2026 and are currently assigned[ii]
to Galderma (source: MaxVal’s Assignment
Database). Galderma currently holds[iii]
the NDA (new drug abbreviation) no. 022320 for Epiduo® gel to treat acne
(source: MaxVal’s Patent
Marker) approved by FDA in Dec, 2008.
Par Pharmaceuticals substituted
Watson during the prosecution. The case is now closed as the parties have filed
for stipulated dismissal and the Court ordered dismissal upon the request.
However, no further information is available on the terms of settlement.
Case Filed: Jul 27, 2012
Case Closed: May 21, 2013
Judge: Ed Kinkeade
Court: Texas Northern District
Court
See 3:12-cv-02563
for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.
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[i] 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.
[ii] MaxVal offers Patent Assignment Alert service where subscribers
receive email alerts when assignments relating to target applications, patents
or entities of interest are recorded.
[iii] Patent Marker provides an online
environment where patentees can virtually mark products and search products for
patent-related information.
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