Case
Filed: Mar 31, 2008
Case
Closed: Nov 07, 2013
Court:
New Jersey District Court
Judge:
Mary L. Cooper
Case
Duration: 2047 Days
Case
Summary:
Tokyo based pharmaceutical
company Otsuka filed a patent infringement lawsuit against Teva USA and its
parent company Teva Pharmaceuticals over the antipsychotic drug Abilify. The
case was filed for Teva filing Abbreviated New Drug Application (ANDA) no.
90-251 for oral solution containing 1 mg/mL of aripiprazole, seeking FDA
approval to manufacture a generic version of the drug.
Otsuka currently holds[i]
the new drug application (NDA) no. 02-1713 and 02-1436 for aripiprazole oral solution
which was approved by FDA on Nov 15, 2002 and Dec 10, 2004 and is sold under
the trade name Abilify (source: Patent Marker). It is
used to treat the symptoms of psychotic conditions such as schizophrenia and
bipolar disorder and also used to treat irritability and symptoms of
aggression.
The complaint stated that Teva
has infringed the patents by submitting ANDA No. 90-251 before the expiration
date of the patents-in-suit covering the medication. The patent US5006528
entitled ‘Carbostyril derivatives’ issued on Apr 09, 1991 and expiring by Oct
20, 2014 is one among the patents-in-suit. The other is the US6977257 patent entitled
‘aripiprazole oral solution’, which was issued on Dec 20, 2005 and expiring[ii]
by Apr 24, 2022. Both the patents are assigned[iii]
to Otsuka (source: MaxVal’s Assignment
Database).
Otsuka asked the court to enter
judgment that Teva has infringed the ‘528 and ‘257 patents by submitting the
NDA at issue, an injunction barring Teva from making, importing or selling the
proposed generic products until after the ‘528 patent’s expiration, and award
Otsuka its attorneys’ fees and costs.
It appears that the parties have
settled the case and agreed stipulation was filed, pursuant to which the Court
granted dismissal without prejudice and the parties will incur their own costs
and expenses.
See 3:08-cv-01583
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*
Expected expiration date using Patent Term Estimator, use our free
tool or download our
free Android app on Google Play Store.
[i]
Patent Marker provides an online environment
where patentees can virtually mark products and search products for
patent-related information.
[ii]
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
[iii]
MaxVal offers Patent Assignment Alert service
where subscribers receive email alerts when assignments relating to target
applications, patents or entities of interest are recorded.
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