Case Filed: Sep 28, 2012
Case Closed: Jan 02, 2014
Court: Florida Southern District
Court
Judge: William P. Dimitrouleas
Case Summary:
Ivax accused Celgene of
infringing one of their patents by filing a new drug application with the U.S.
Food and Drug Administration (FDA). The patent involved in this suit was:
US7759481 entitled ‘Solid state forms of 5-azacytidine and processes for
preparation thereof’, issued on Jul 20, 2010 and expires[i]
by Jan 11, 2028. Ivax is the current assignee[ii]
of the patent (source: MaxVal Assignment
Database).
Ivax alleged that Celgene infringed
the claims of the ‘481 patent by making, using and selling Vidaza® brand drug,
which Ivax believes to be the patented processes covering the medication and
its uses. Celgene currently holds[iii]
approved New Drug Application (NDA) No. 50-794 for azacitidine (source: Patent Marker) for the
treatment of myelodysplastic syndromes.
The complaint says, Celgene was
aware of the ‘481 patent and has induced third parties such as Ben Venue
Laboratories, Baxter Oncology GmbH or BSP Pharmaceuticals to manufacture
azacitidine or products containing azacitidine that infringe one or more claims
of the ‘481 patent, pointing out the act of willful infringement.
The parties filed a joint
stipulation of dismissal and upon consideration the Court granted the
stipulation and ordered the case to be dismissed with prejudice with each party
to bear its own costs and fees.
See 0:12-cv-61917
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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]
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.
[ii]
MaxVal offers Patent Assignment Alert service
where subscribers receive email alerts when assignments relating to target
applications, patents or entities of interest are recorded.
[iii]
Patent Marker provides an online environment
where patentees can virtually mark products and search products for
patent-related information.
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