Wednesday, July 17, 2013

Medcis, Sidmak Agrees to Settle Suit

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.

Are you looking for a tool to calculate patent terms? Try Patent Term Estimator, our free tool or download our free Android app on Google Play Store.  

* 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.

No comments:

Post a Comment