Litigation Details for Allergan USA, Inc. v. Aurobindo Pharma Limited (D. Del. 2019)

Allergan USA, Inc. v. Aurobindo Pharma Limited (D. Del. 2019)

Docket		Date Filed	2019-12-20
Court	District Court, D. Delaware	Date Terminated	2022-06-01
Cause	35:271 Patent Infringement	Assigned To	Richard Gibson Andrews
Jury Demand	None	Referred To
Parties	ZYDUS LIFESCIENCES LIMITED
Patents	10,960,009; 7,737,142; 7,943,621; RE47,350
Attorneys	George J. Barry , III
Firms	Morris James LLP
Link to Docket	External link to docket

Details for Allergan USA, Inc. v. Aurobindo Pharma Limited (D. Del. 2019)

Date Filed	Document No.	Description	Snippet	Link To Document
2019-12-20				External link to document
2019-12-19	1	Complaint	United States Patent Nos. 7,737,142 (“the ’142 Patent”) and 7,943,621 (“the ’621 Patent”) (collectively…has listed the asserted patents and U.S. Patent No. RE47,350 (“the ’350 Patent”) in the Approved Drug … 1. This action for patent infringement, brought pursuant to the patent laws of the United States…28. This civil action for patent infringement arises under the patent laws of the United States, including… copy of the ’142 Patent is attached as Exhibit A. 61. The ’621 Patent, titled “Salts of	External link to document
2019-12-19	104	Patent/Trademark Report to Commissioner of Patents	the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) RE47,350 E . (Dorsney, Kenneth… 2019 1 June 2022 1:19-cv-02317 835 Patent - Abbreviated New Drug Application(ANDA) None	External link to document
2019-12-19	140	Stipulation to EXTEND Time	asserted patents, including U.S. Patent Nos. 7,737,142 (the '142 Patent) and 7,943,621 (the '621 Patent) and…Scheduling Order, for all asserted patents, including the '142 and '621 Patents to September 15, 2021 and September… 2019 1 June 2022 1:19-cv-02317 835 Patent - Abbreviated New Drug Application(ANDA) None	External link to document
2019-12-19	226	Notice of Service	Infringement Contentions to Zydus for U.S. Patent Nos. 7,737,142; 7,943,621; and 8,765,765, (2) Plaintiffs…Infringement Contentions to Aurobindo for U.S. Patent Nos. 7,737,142; 7,943,621; and 8,765,765, and (3) Plaintiffs…Infringement Contentions to Sun for U.S. Patent Nos. 7,737,142; 7,943,621; 8,569,497; and 8,765,765 - filed… 2019 1 June 2022 1:19-cv-02317 835 Patent - Abbreviated New Drug Application(ANDA) None	External link to document
2019-12-19	237	Notice of Service	Infringement of Claims 24 and 25 of U.S. Patent No. 7,737,142 by Aurobindo Pharma Limited and Aurobindo…Infringement of the Asserted Claims of U.S. Patent No. 7,737,142 by Aurobindo Pharma Limited and Aurobindo…Non-Obviousness Supporting the Validity of U.S. Patent No. 7,737,142; (6) Opening Expert Report of Dr. Gregory…-Obviousness Supporting Validity of U.S. Patent No. 7,737,142; (7) Opening Expert Report of Dr. Christopher…Regarding Infringement Claims 24 and 25 of U.S. Patent No. 7,737,142 by Sun Pharmaceuticals Industries Limited	External link to document

Litigation Summary and Analysis for Allergan USA, Inc. v. Aurobindo Pharma Limited (1:19-cv-02317)

Introduction

The litigation between Allergan USA, Inc. and Aurobindo Pharma Limited, case number 1:19-cv-02317, involves complex issues of patent infringement and the pharmaceutical industry. Here is a detailed summary and analysis of the key points in this case.

Background

Allergan USA, Inc., a global pharmaceutical company, filed a civil action against Aurobindo Pharma Limited, an Indian pharmaceutical company, alleging patent infringement. The case is heard in the United States District Court for the District of Delaware[4].

Nature of the Action

This litigation revolves around Allergan's claims that Aurobindo's filing of an Abbreviated New Drug Application (ANDA) with the FDA for a generic version of one of Allergan's patented pharmaceutical products constitutes patent infringement. Specifically, the case involves U.S. patents held by Allergan that cover certain pharmaceutical products, and Aurobindo's attempts to market generic versions of these products before the expiration of Allergan's patents[3].

Patent Infringement Claims

Allergan alleged that Aurobindo's ANDA contained a Paragraph IV Certification, which asserts that the claims of Allergan's patent are invalid or will not be infringed by Aurobindo's generic product. However, Allergan contends that Aurobindo's generic product would infringe the claims of their patent if approved by the FDA[3].

Jurisdiction and Venue

The U.S. District Court for the District of Delaware has jurisdiction over this case under the patent laws of the United States, specifically 28 U.S.C. §§ 1331 and 1338(a). The court also has personal jurisdiction over Aurobindo due to their actions related to the alleged patent infringement[3].

Claim Construction and Patent Validity

In patent infringement cases, the construction of claim terms is crucial. The court must determine the meaning of the terms used in the patent claims to decide whether Aurobindo's generic product infringes Allergan's patents. This process involves analyzing the patent specification, the claims themselves, and any relevant extrinsic evidence[2].

Defendants' Arguments

Aurobindo and other defendants typically argue that the patent claims are invalid or that their generic products do not infringe the claims. They may also challenge the validity of the patents based on grounds such as obviousness, lack of novelty, or non-enablement[5].

Court Rulings and Decisions

The court's decisions in such cases are based on detailed analyses of the patent claims, the specification, and any evidence presented by both parties. For example, in similar cases, courts have considered the intrinsic evidence (the patent specification and claims) and extrinsic evidence (external documents and expert testimony) to determine the proper construction of claim terms and whether the defendant's product infringes the patent[2][4].

Potential Outcomes

The potential outcomes of this litigation include:

• Injunction: If the court finds that Aurobindo's generic product infringes Allergan's patents, it may grant an injunction to prevent Aurobindo from manufacturing, selling, or distributing the infringing product.
• Damages: Allergan may be entitled to damages for past infringement if the court finds that Aurobindo's actions have already caused harm.
• Validity of Patents: The court may also rule on the validity of Allergan's patents, which could impact future litigation and the overall patent landscape in the pharmaceutical industry[3].

Industry Impact

This litigation has significant implications for the pharmaceutical industry, particularly in the context of generic drug competition and patent protection. The outcome can influence how generic drug manufacturers navigate the complex landscape of patent law and how brand-name pharmaceutical companies protect their intellectual property.

Key Takeaways

• Patent Infringement: The case centers on Allergan's allegations that Aurobindo's ANDA filing constitutes patent infringement.
• Claim Construction: The court's interpretation of patent claim terms is critical in determining infringement.
• Jurisdiction and Venue: The U.S. District Court for the District of Delaware has jurisdiction over the case.
• Potential Outcomes: Injunctions, damages, and rulings on patent validity are possible outcomes.
• Industry Impact: The case affects the balance between generic drug competition and patent protection in the pharmaceutical industry.

FAQs

Q: What is the main issue in the Allergan USA, Inc. v. Aurobindo Pharma Limited litigation?

A: The main issue is whether Aurobindo's filing of an ANDA for a generic version of Allergan's patented pharmaceutical product constitutes patent infringement.

Q: Which court is hearing this case?

A: The U.S. District Court for the District of Delaware is hearing this case.

Q: What is a Paragraph IV Certification in the context of an ANDA?

A: A Paragraph IV Certification is a statement made by the generic drug applicant asserting that the brand-name drug's patent is invalid or will not be infringed by the generic product.

Q: What are the potential outcomes of this litigation?

A: Potential outcomes include an injunction to prevent Aurobindo from selling the generic product, damages for past infringement, and a ruling on the validity of Allergan's patents.

Q: How does this litigation impact the pharmaceutical industry?

A: The outcome can influence how generic drug manufacturers navigate patent law and how brand-name companies protect their intellectual property, affecting the balance between generic competition and patent protection.

Cited Sources

1. In re Allergan Generic Drug Pricing Securities Litigation - This source, although not directly related to the specific case, provides context on Allergan's involvement in other legal disputes[1].
2. Allergan US, Inc. v. Aurobindo Pharma Ltd. - This source details a similar patent infringement case involving Allergan and Aurobindo, focusing on claim construction and patent validity[2].
3. Allergan, Inc. and Vistakon Pharmaceuticals, LLC, v. Aurobindo Pharma Ltd. - This source provides specific details about the nature of the action, jurisdiction, and the allegations made by Allergan against Aurobindo[3].
4. Allergan USA, Inc. et al v. Sun Pharmaceutical Industries Limited et al - This source offers additional context on Allergan's litigation activities and the court's role in such cases[4].
5. Acadia Pharms., Inc. v. Aurobindo Pharma Ltd. - This source discusses another patent infringement case involving Aurobindo and the application of safe harbor protections under patent law[5].