Gameloft Faces Patent Infringement Suit

Case Filed: Aug 19, 2014

Court: District of Delaware

Case Summary:

Inventor Holdings LLC (Inventor Holdings), a Stamford based company sued Gameloft Inc. (Gameloft), a New York based Delaware corporation alleging that the latter has infringed one of their US patents.

Patent in suit:

Patent Number	Title	Issue Date	Expiration Date[i]	Current Assignee[ii]
US8784198	Method and apparatus for conducting or facilitating a promotion	July 22, 2014	Jun 28, 2020	Inventor Holdings LLC

The ‘198 patent relates to a method and apparatus for distributing promotional materials to potential participants and for allowing the participants to receive benefits associated with the promotions. 

As in Complaint:

Inventor Holdings alleged that Gameloft had directly and indirectly infringed the ‘198 patent without permission or authority from it. Inventor Holdings also alleged that Gameloft is involved in various business activities such as making, using, selling, offering to sell its product Asphalt 8: Airborne embodying the technology claimed in the ‘198 patent. The infringing aspects were indicated as Asphalt 8: Airborne’s input processor and input mechanism of the mobile device.

Plaintiff also added that Gameloft’s foregoing acts of infringement were willful and deliberate. Hence Inventor Holdings is entitled to recovery of past damages, at a minimum, and a reasonable royalty along with interests and costs.

Other Cases Filed:

Inventor Holdings filed cases against defendants including Glu Mobile, Inc., Kabam, Inc., King.com, Inc., Ngmoco, LLC, Rovio Animation Company, Supercell, Inc., asserting the same patent on the same day in the U.S. District court of Delaware.

See 1:14-CV-01067 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[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.

Mallinckrodt Ends Suit against Amneal over Anti-Inflammatory Drug

Case Filed: Mar 27, 2014

Case Closed: Jul 28, 2014

Court: Delaware District Court

Judge: Richard G. Andrews

Case Summary:

Mallinckrodt, a global specialty pharmaceuticals along with Canada-based, Nuvo Research filed a patent infringement complaint against Amneal, a US-based manufacturer of generic pharmaceuticals, concerning its filing of an abbreviated new drug application (ANDA) with the United States Food and Drug Administration (FDA) seeking approval to market generic version of Mallinckrodt’s pharmaceutical product Pennsaid®, prior to the expiration of three US patents, which cover the use of Pennsaid®. The case has been closed as the plaintiff filed a voluntary dismissal, which was granted by the court.

Patents-in-Suit:

The patents involved in the suit were: US8217078 entitled ‘Treatment of pain with topical diclofenac’ and US8546450 and US8618164 entitled ‘Treatment of pain with topical diclofenac compounds’. The patents were issued by USPTO on Jul 10, 2012, Oct 01, 2013 and Dec 31, 2013, respectively. The patents are scheduled to expire[i] in Jul 10, 2029. Paladin Labs is the current assignee[ii] of the ‘078, ‘450 and ‘164 patents (source: MaxVal’s Assignment Database). The claims of the patents-in-suit cover the method of treating a patient with an oral NSAID and Pennsaid®.

Pennsaid®:

The drug was first developed in Canada by Nuvo as a treatment for the signs and symptoms of osteoarthritis, particularly the knee. Pennsaid® contains the active ingredient diclofenac, a non-steroidal anti-inflammatory drug (NSAID) that is formulated with dimethyl sulfoxide (DMSO).

NDA Holder:

Mallinckrodt licensed Nuvo’s Pennsaid® patents and sought approval from the FDA to market in US. Mallinckrodt is the current holder[iii] of the FDA approved new drug application (NDA) no. 020947 for diclofenac sodium topical solution 1.5%, under the trade name Pennsaid®, in Nov 2009 (source: Patent Marker).

As in Complaint:

Mallinckrodt alleged that Amneal infringed the patents-in-suit by submitting the Amneal ANDA, by which Amneal seeks approval from the FDA to engage in the commercial manufacture, use, offer to sell, sale, or importation of the Amneal Product prior to the expiration of the ‘078, ‘450 and ‘164 patents.

The complaint further stated that approval of the Amneal ANDA is substantially likely to result in the commercial manufacture of a drug product that is marketed and sold for use in a method claimed in the patents-in-suit.

Mallinckrodt wanted the judge to declare the case an exceptional and award them attorneys’ fees in light of Amneal’s conduct.

Other Cases:

Mallinckrodt have filed nearly a dozen cases and in 2013, it entered into an agreement with Amneal to distribute generic version of Suboxone®, a prescription medication indicated for the maintenance treatment of opioid dependence.

See 1:14-cv-00389 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

Max-Insight enables you to access all of our patent tools such as Patent Term Estimator, Patent Family Tree, Has This Patent Been Litigated, etc. in one location. Max-Insight is available in 4 different subscriptions: Free, Bronze, Silver and Gold with varying usage levels. To learn more about Max-Insight, click here. 

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[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.

Bayer, Lupin Lawsuit over Yaz Patents Ends

Case Filed: Jul 15, 2010

Case Closed: Nov 27, 2013

Case Duration: 1231 Days

Court: Nevada District Court

Judge: Kent J. Dawson

Case Summary:

A patent infringement suit was filed by Bayer Schering against Lupin for violating 3 of their patents. The patents involved in the suit are:

•         RE37564 issued on Feb 26, 2002
•         RE37838 issued on Sep 10, 2002
•         RE38253 issued on Sep 16, 2003

All the patents entitled ‘Composition for contraception’ were legally issued to Jurgen Spona, Bernd Dusterberg and Frank Ludicke and expire[i] by Dec 22, 2013. Bayer Schering is the current assignee[ii] of the patents (source: MaxVal’s Assignment Database). The patents in general relate to the use of estrogen and gestagens for oral contraception and a corresponding pack containing this combination preparation.

Bayer is a German chemical and pharmaceutical company with core competencies in the fields of health care, nutrition and high-tech materials. Lupin Pharmaceuticals, an India based company, engages in the development and manufacture of branded and generic pharmaceutical products.

Bayer alleged that Lupin submitted to the FDA ANDA No. 20-1661 seeking approval to engage in the commercial manufacture of a generic version of Bayer’s Yaz® tablets, which infringe three of their patents covering the medication.

Bayer is the current holder[iii] of approved New Drug Application (NDA) No. 21-676 for Yaz® tablets (source: Patent Marker), which contain micronized drospirenone and 17α-ethinylestradiol as active ingredients. The United States Food and Drug Administration (FDA) approved Yaz® tablets for the prevention of pregnancy in women, for treatment of moderate acne and symptoms of premenstrual dysphoric disorder in women who elect to use an oral contraceptive.  Bayer sells YAZ® tablets in the United States as a 28-day oral contraceptive regimen that contains 24 tablets comprising 3 mg of micronized drospirenone and 0.02 mg of micronized 17α-ethinylestradiol plus 4 placebo tablets.

On October 16, 2013 the parties filed a joint status report in response to the Court’s order. The parties notified the Court that Bayer would not seek further review of the Federal Circuit’s judgment rendered in favor of defendants and advised the Court that the action can be closed, thereby concluding the litigation.

See 2:10-cv-01166 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[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.