Case Filed: Jun 24, 2013
Case Closed: Aug 08, 2013
Court: Illinois Northern District
Court
Judge: Joan B. Gottschall
Case Summary:
A patent infringement case was
filed by Pfizer and UCB Pharma GmbH against Alkem as a result of their filing
an Abbreviated New Drug Application (ANDA) with the FDA concerning their intent
to market a generic version of Toviaz®, which is used to treat
overactive bladder. The patents-in-suit were:
- US6858650: “Stable salts of novel derivatives of 3,3-diphenylpropylamines, issued on Feb 22, 2005 and expiring* by Nov 16, 2019
- US7384980: Derivatives of 3,3-diphenylpropylamines issued on Jun 10, 2008 and expiring* by May 12, 2018
- US7855230: Derivatives of 3,3-diphenylpropylamines issued on Dec 21, 2010 and expiring* by May 12, 2018
- US7985772: Derivatives of 3,3-diphenylpropylamines issued on Jul 26, 2011 and expiring* by May 12, 2018
- US8338478: Derivatives of 3,3-diphenylpropylamine issued on Dec 25, 2012 and expiring* by May 12, 2018
The ‘650, ‘980 and ‘230 patents
are currently assigned+ to UCB Pharma
GmbH (source: MaxVal’s Assignment
Database) and ‘772 and ‘478 patents are assigned to UCB Pharma GmbH as per face
page. According to the complaint, Pfizer is the exclusive licensee of the
patents.
Pfizer is the current holder± of the New Drug
Application (NDA) no. 022030 for Pfizer’s Toviaz, (source: Patent Marker)
for fesoterodine fumarate extended-release tablets, in 4 and 8 mg dosage
strengths, that is approved by FDA
on Oct 31, 2008. Plaintiffs alleged that defendant with the Abbreviated
New Drug Application (ANDA) No. 20-4827 sought FDA approval to market a generic
version of Pfizer’s pharmaceutical product, Toviaz (and/or its use) that
is protected by five valid patents that are enforceable. Pfizer and UCB wanted judgment
that Alkem has infringed the patents and an injunction barring
Alkem’s products, along with costs, expenses and other reliefs.
It appears that the parties were directed to discuss settlement
of the case. Later, plaintiffs filed a notice of voluntary dismissal
pursuant to which the Court ordered civil action to be dismissed without
prejudice, thereby closing the case.
See case 1:13-cv-04628 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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