Courtesy photoPharma Giants File Patent Infringement Suit Against India-Based Drugmaker Over IBS Medication
This complaint was first surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
December 17, 2024 at 06:14 PM
3 minute read
Bausch Health Ireland and Salix Pharmaceuticals filed a suit in a New Jersey federal court over MSN Pharmaceuticals' alleged efforts to obtain U.S. Food and Drug Administration approval for a generic version of Trulance, a medication used to treat irritable bowel syndrome.
Takeaway: Litigation over new drug applications, often referred to as NDAs, remains an active area for law firms. This patent infringement lawsuit was filed by attorneys with Gibbons and Finnegan, Henderson, Fabrow, Garrett & Dunner on behalf of two pharmaceutical giants against a rival drugmaker over an FDA application to make a generic version of an IBS medication.
Court: New Jersey, U.S. District Court
Case Type: Patent infringement
Industry: Pharmaceuticals
Lawyers: William P. Deni Jr. and J. Brugh Lower of Gibbons and Bryan C. Diner and Justin J. Hasford of Finnegan, Henderson, Farabow, Garrett & Dunner; counsel has yet to appear for the defense.
Liability: The two-count complaint alleged MSN violated the plaintiff’s patent on Trulance by submitting an abbreviated NDA for the manufacture, use and sale of a generic version of the drug. Bausch and Salix alleged that MSN is seeking approval for plecanatide, a generic oral tablet based on their patented medication, Trulance.
The complaint claimed the plaintiffs received a letter from MSN on March 15, 2021, informing them of the abbreviated NDA. Salix currently holds the approved NDA for Trulance.
The complaint alleged also that the plaintiffs received a second letter in May 2023 and a third letter this May. As a result of receiving these letters, Bausch and Salix filed their complaint. Despite still waiting to receive a patent notice letter from MSN, the plaintiffs alleged that the previous three letters demonstrate infringement of their patent on Trulance.
Damages: Bausch and Salix contended that if MSN’s marketing and sale of generic plecanatide oral tablets take place before the expiration of the Trulance patent, the companies will suffer “substantial and irreparable harm.” The date of the patent expiration was not noted in the complaint.
The plaintiffs sought a judgment that MSN infringed on their patent by submitting the abbreviated NDA. Also, they requested an order that the effective date of FDA approval for the generic version of Trulance be at the expiration of their patent. They also sought to enjoin the manufacture, sale and marketing of the generic version and to enjoin others from helping MSN gain approval from the FDA.
What the lawyers are saying: Plaintiff’s counsel did not immediately respond to requests for comment.
Radar scan: This case is part of a steady stream of cases targeting pharmaceutical companies over their purported efforts to receive FDA approval to manufacture generic versions of drugs.
Caption: Bausch Health Ireland v. MSN Laboratories Private
Date filed: Dec. 16
Judge: U.S. District Judge Stanley R. Chester
Read the complaint here.
This complaint was first surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be among the first to know about new suits in your region, practice area or client sector.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Harnessing Generative AI-Assisted Innovation: Comprehensive IP Protection Through Trade Secrets and Patents
8 minute read
Pharma Company Raises Patent Infringement Allegations Over Generic Version of Narcolepsy Treatment
Who Got the Work: Saul Ewing Team Appears for Samsung Bioepis in Amgen Patent Case
4 minute readTrending Stories
- 1Mental Health Issues Don’t Get a Holiday
- 2'It's Got to Be a Wake-Up Call:' Atlanta Attorney Hopes $16M Verdict Spurs Training Changes at Hotels
- 3FTC Bans 'Junk Fees' in Live-Event Tickets and Short-Term Lodging
- 4California Legal Awards Moving to Mid-Summer Date in 2025, Adds New Categories
- 5Law Student Sues NY Attorney Grievance Officials, Seeking Materials Over Sexual Assault Claims
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
