Wednesday, January 8, 2014

Celgene, Ivax Put Patent Litigation to Rest

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 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

* 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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