Case Filed: May 26, 2011
Case Closed: Oct 04, 2013
Court: New Jersey District Court
Judge: Mary L. Cooper
Case Summary:
Insite Vision, Inspire and Pfizer
jointly filed a patent infringement suit against Sandoz claiming that 5 of
their patents were infringed. The cause of the suit was Sandoz’s filing of an
Abbreviated New Drug Application (ANDA) with FDA seeking approval to market a
generic version of the pharmaceutical product AzaSite® before the expiration of
Plaintiffs' five patents covering AzaSite® and its use. The patents involved in suit were:
- US6159458 entitled ‘Sustained release ophthalmic compositions containing water soluble medicaments’ issued on Dec 12, 2000 and expiring* by Nov 04, 2017
- US6861411 entitled ‘Method of treating eye infections with azithromycin’ issued on Mar 01, 2005 and expiring* by Nov 25, 2018
- US6239113, US6569443 and US7056893 entitled ‘Topical treatment or prevention of ocular infections’, issued on May 29, 2001, May 27, 2003, Jun 06, 2006 and expiring* by Mar 31, 2019
The ‘458 and ‘893 patents are
currently assigned+
to Insite Vision and ‘113 and ‘443 patents are currently assigned+
to Bausch & Lomb (source: MaxVal’s Assignment
Database). As per complaint the ‘411 patent is assigned to Pfizer.
The Court document says, InSite
received notice on April 18, 2011 regarding the ANDA filing from Sandoz and
stated it has 45 days to file a patent infringement lawsuit and the suit was
filed within the timeframe.
Inspire currently holds± an approved New Drug Application (NDA)
no. 50-810 for azithromycin ophthalmic solution 1% sterile topical ophthalmic
drops, which are sold by Inspire under the trade name AzaSite® (source: Patent Marker). AzaSite
is an antibiotic eye-drop medication used to treat an infection of the eye
called bacterial conjunctivitis. Plaintiffs wanted judgment that Sandoz has
infringed the patents and an injunction barring Sandoz’s products until
expiration of the patents, along with fees, costs and expenses.
The Court rendered its final
verdict ordering a judgment in favor of plaintiffs against defendant w.r.t
- claims 3 and 5 of ‘411 patent
- claims 6, 7, 8 and 9 of ‘113 patent
- claims 16 and 44 of ‘443 patent
- claims 4, 6, 7, 9, 10, 11, 12, 30, 36 and 40 of ‘893 patent
- all counterclaims be dismissed with prejudice
- enjoinment from commercial manufacture of generic version until the expiration date of the patents.
See 3:11-cv-03080 for more details. To get alerts on cases
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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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