Case Filed: Dec 02, 2009
Case Closed: Feb 25, 2014
Origin Case: 1:06-cv-00234
Case Closed: Oct 20, 2009
Case Summary:
Bayer Healthcare and Alcon
Pharmaceuticals filed a patent infringement suit against Teva Pharmaceuticals
USA, Inc. in Delaware District Court on Apr 05, 2006, in response to Teva
filing an abbreviated new drug application to block their planned generic
version of Vigamox.
Plaintiffs claim that a Teva abbreviated
new drug application infringes the patents covering Vigamox, an antibiotic used
to treat bacterial infections of the eye. Teva notified Alcon in a letter that
it planned to make its own version, according to the suit. "Alcon will
suffer irreparable injury unless Teva is enjoined from infringing the
patents," the complaint said.
The U.S. Food and Drug
Administration granted approval in 2003 to sell a solution that contains moxifloxacin
hydrochloride, which is marketed in the U.S. as Vigamox, according to the
complaint. Alcon is the current holder1
of the NDA for Vigamox (source: Patent Maker). The
ANDA, which Teva filed, sought FDA approval to manufacture a drug (eye solution)
with the same active ingredient before the patent expires, the suit says.
The suit sought a judgment of
infringement, a court order postponing the effective date of the Teva ANDA until
after the patents-in-suit expire, a permanent injunction, treble damages,
attorneys' fees and court costs.
The patents-in-suit are:
- US5607942 entitled ‘7-(1-pyrrolidinyl)-3-quinolone- and - naphthyridone-carboxylic acid derivatives as antibacterial agents and feed additives’, issued on Mar 04, 1997 and expiring2 by Mar 04, 2014
- US4990517 entitled ‘7-(1-pyrrolidinyl)-3-quinolone- and - naphthyridone-carboxylic acid derivatives as antibacterial agents and feed additives’, issued on Feb 05, 1991 and expired2 on Jul 15, 2008
- US6716830 entitled ‘Ophthalmic antibiotic compositions containing moxifloxacin’, issued on Apr 06, 2004 and expiring2 by Sep 22, 2020
The patents are currently assigned3
to Bayer Healthcare and Alcon (source: MaxVal’s Assignment
Database).
In Oct 2009, Judge Sue L.
Robinson signed off judgment in favor of Alcon against Teva, ruling that Teva's
proposed generic Vigamox infringed the patent US6716830. Due to the court order
preventing Teva from obtaining FDA approval for its version until 2020, Teva
filed an appeal notice to the United States Court of Appeals for the Federal
Circuit on October 20, 2009. In Feb 2014, Teva and Alcon together filed a motion
to terminate appeal through dismissal. Considering the joint motion filed, USCA
granted the motion and ordered the appeal be dismissed.
See 2010-1097
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1
Patent Marker provides an online environment
where patentees can virtually mark products and search products for
patent-related information.
2
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.
3
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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