Mitsubishi Tanabe Pharma Corp., Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica NV, Janssen Research and Development, LLC , and Cilag GmbH International filed two complaints for patent infringement against Sandoz, Inc. on July 21.
In the first complaint, the plaintiffs accuse Sandoz of infringing U.S. Patent Nos. 7,943,582 and 8,513,202, both titled “Crystalline form of 1-(β-Dglucopyransoyl)-4-methyl-3-[5-(4-fluorophenyl)-2-thienylmethyl]benzene hemihydrate.” In the second complaint, the plaintiffs accuse Sandox of infringing U.S. Patent No. 7,943,788, titled “Glucopyranoside Compound.” The patents relate to the treatment of diabetes and JPI’s Ivokana and Ivokamet drug products.
The complaints allege that Sandoz has filed an Abbreviated New Drug Application (“ANDA”) seeking FDA approval to market generic versions of Ivokana and Ivokamet.
The complaints also reference prior-filed suits in the District of New Jersey. The complaints state that if the New Jersey actions proceed the Colorado actions will be unnecessary and would be voluntarily dismissed without prejudice in favor of the New Jersey actions.
Plaintiffs are represented by James G. Sawtelle and Christian H. Hendrickson of Sherman & Howard L.L.C., Denver, Colorado.