In re Gabapentin Patent Litigation, MDL Docket No. 1384, Master Civil Action No. 00-2931; C.A. Nos. 00-CV-2931 and 00-CV-3522; U.S. District Court (DNJ); opinion by Hochberg, U.S.D.J.; filed August 27, 2009. DDS No. 53-7-5235 [47 pp.]
When defendant Purepac, a generic drug manufacturer, filed ANDAs seeking Food and Drug Administration approval to market generic gabapentin capsules and tablets after the expiration of plaintiff Warner-Lambert’s ’544 patent, plaintiff sued for infringement of its ’476 and ’479 patents. It later moved to dismiss Purepac’s antitrust counterclaims, arguing that Purepac lacked standing and that its infringement actions were protected by the Noerr – Pennington doctrine. The motion was denied. Later, summary judgment was granted in Purepac’s favor. Purepac now alleges that the capsule and tablet suits were sham litigation pursued purely for anticompetitive purposes.
