Case Filed: Jun 05, 2013
Case Closed: Apr 02, 2014
Court: New Jersey District Court
Judge: Joseph E. Irenas
New Jersey-based pharmaceutical company, Everett Laboratories filed a patent infringement suit against Acella Pharmaceuticals claiming that their patent US8197855 was infringed. The cause of the suit was Acella’s manufacturing of prescription-only, prenatal nutritional supplement "Choice-OB+DHA," which Everett claimed to be a willful exact copy of their "Select-OB®+DHA", prenatal nutritional supplement.
Everett further claimed that, according to its package insert, Choice-OB+DHA contains the same vitamins and minerals, in the same amounts, as Everett's Select-OB®+DHA and hence directly infringed claims 1, 4-13 and 15-18 of the '855 patent. The ‘855 patent entitled ‘Compositions and methods for nutrition supplementation’ was issued on Jun 12, 2012 and expires by Aug 12, 2024. Everett is the current assignee of the patent (source: MaxVal’s Assignment Database).
The action sought redress for Acella's deliberate and willful infringement of the ‘855 patent through manufacture of the nutritional supplement product Choice-OB+DHA, before the expiration of the '855 patent covering the caplet component of Select-OB®+DHA. Everett’s chewable caplet is a combination of vitamin, mineral and omega-3 fatty acid and provides vitamins and minerals to the body to help meet nutritional requirements.
According to the complaint, the infringing product embodies the claimed invention and Everett faces substantial and irreparable harm as a result of Acella's infringing sales of its Choice-OB+DHA product. The lawsuit asked for damages plus interest for infringement, as well as a permanent injunction on Acella's infringing products.
A few other Everett vs. Acella cases were consolidated in which 6 other patents: US6814983, US7390509, US6863904, US8183227, US8609629 and US8617617 were asserted and alleged nutritional supplemental products including PNV-First, PNV-OB with DHA and Choice-Tabs as infringing.
The disputes have been settled as the parties have voluntarily entered into a written settlement agreement, effective Mar 21. Accordingly, Court signed off consent judgment and permanent injunction in favor of Everett against Acella and declared the patents-in-suit valid.
See 1:13-cv-03487 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.
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