On Dec 2012, Medcis filed a
patent infringement suit against Sidmak for filling abbreviated new drug
application in violation of 3 patents relating to skin care drug in Delaware
District Court. The patents involved in this suit were:
·
US5908838, entitled
Method for the treatment of acne, issued on Jun 19, 1999 and expiring*
by Feb 19, 2018*
·
US7790705, entitled Minocycline
oral dosage forms for the treatment of acne, issued on Sep 07, 2010 and expiring* by Jun 24, 2025
·
US8268804,
entitled Minocycline oral dosage forms for the
treatment of acne, issued on Sep 18, 2010 and expiring by Jun 24, 2025
These
patents are currently assigned+ to Goldman Sachs Lending Partners LLC (source: MaxVal’s Assignment
Database) and as per the complaint Medcis
is the owner of the patents-in-suit. Plaintiff alleged that Sidmak filled ANDA
no. 204-394 with FDA seeking approval to market generic minocycline HCl
extended release tablets in 45, 55, 65, 80, 105, 110, 115 and 135 mg strengths
for the treatment of acne that infringes their patent rights.
Medcis is the current holder± of new drug application (NDA) no. 050808
for Solodyn (source: Patent
Marker), which was approved by FDA in May, 2006. Plaintiff sought a judgment
of infringement and permanent injunction against any infringing versions of the
drug.
Medcis and Sidmak settled patent
dispute on 12th of July, reaching a ‘Settlement Agreement’. The terms of
settlement were not disclosed. Judge Leonard P. Stark signed off the consent
judgment in which Sidmak agrees patents-in-suit to be valid and enforceable.
Pursuant to the settlement, Court ordered permanent injunction to market
generic version of Solodyn and all claims to be dismissed without prejudice. Each
party to bear their own costs and expenses.
See case 1:12-cv-01664
for more details. To get alerts on cases filed/closed, subscribe to our Litigation
Alerts.
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* 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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