Case Filed: May 02, 2011
Case Closed: Jun 12, 2013
Judge: Joel A. Pisano
Court: New Jersey District Court
Other Plaintiff: Ethypharm
Case Summary:
A patent infringement suit was
filed by Takeda against Mylan as a result of an Abbreviated New Drug
Application (ANDA) no. 202-396 filed by Mylan with the FDA concerning its
intent to market lansoprazole delayed release orally disintegrating tablets.
The patents involved in the suit were:
US6328994, entitled Orally
disintegrable tablets, issued on Dec 11, 2001 and expiring*
by May 18, 2018
US5464632, entitled Rapidly disintegratable multiparticular
tablet, issued on Feb 20, 2001 and expiring*
by Feb 20, 2018.
The ‘632 patent is currently assigned+ to Ethypharm
and ‘994 patent is assigned+ to Takeda (source:
MaxVal’s Assignment
Database). Takeda is the current holder± of FDA
approved New Drug Application (NDA) no. 21-428 for lansoprazole delayed release
orally disintegrating tablets, 15 and 30 mg (source: MaxVal’s Patent Marker), which
is sold under the name Prevacid® SoluTab™. It is used to treat certain stomach
and esophagus problems (such as acid reflux, ulcers) and relieves symptoms such
as heartburn, difficulty swallowing, and persistent cough.
The case is now closed as the
parties have filed for dismissal. Pursuantly, the Court ordered the dismissal
of this case. No further information is available on the terms of settlement at
this time.
See 3:11-cv-02506 for more details. To get alerts on cases filed/closed, subscribe
to our Litigation Alerts.
* 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.
+ MaxVal
offers Patent Assignment Alert service where subscribers receive email alerts
when assignments relating to target applications, patents or entities of
interest are recorded.
± Patent Marker provides an online
environment where patentees can virtually mark products and search products for
patent-related information.
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