This case was last updated from PACER on 09/11/2021 at 08:00:52 (UTC).

BAUSCH & LOMB, INC. et al v. SLAYBACK PHARMA LLC et al

Case Summary

On September 10, 2021, Bausch & Lomb, Inc., Bausch & Lomb Ireland Limited, and Eye Therapies, LLC (collectively, “Plaintiffs”), represented by J. Brugh Lower and William P. Deni, JR. of Gibbons PC, filed an intellectual property lawsuit against Slayback Pharma LLC and Slayback Pharma India LLP (collectively, “Defendants”), seeking injunctive reliefs and costs, among other reliefs, for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in U.S. District Court in the District of New Jersey with Judge Michael A. Shipp presiding.

 

The Plaintiff filed this complaint for the alleged infringement of United States Patent No. 8,293,742 (“the ’742 patent”) and United States Patent No. 9,259,425 (“the ’425 patent”) (“Patents-in-suit”) owned by the Plaintiff.

 

In the complaint, the Plaintiff alleged that, “Under 35 U.S.C. § 271(e)(2), Defendants have infringed at least one claim of the ’742 patent by submitting, or causing to be submitted to the FDA, ANDA No. 216361 seeking approval for the commercial marketing of Slayback’s generic brimonidine ophthalmic solution before the expiration date of the ’742 patent.”

 

The Plaintiff also alleged that, “Upon information and belief, Defendants will, through the manufacture, use, import, offer for sale, and/or sale of Slayback’s generic brimonidine ophthalmic solution, directly infringe, contributorily infringe, and/or induce infringement of at least one claim of the ’742 patent.”

 

Further the Plaintiff alleged that, “Defendants have made, and will continue to make, substantial preparation in the United States to manufacture, use, offer to sell, sell, and/or import Slayback’s generic brimonidine ophthalmic solution before the expiration date of the ’742 patent, including Slayback’s filing of ANDA No. 216361” and “Upon information and belief, any commercial manufacture, use, offer for sale, sale, and/or importation of Slayback’s generic brimonidine ophthalmic solution will directly infringe, contributorily infringe, and/or induce infringement of at least one claim of the ’742 patent.”

 

Similar allegations have been made by the Plaintiff with reference to the alleged infringement of other Patents-in-suit. 

 

There are four claims for relief laid down by the Plaintiff. The first and the second claims are for alleged infringement of § 271(e)(2) and declaratory judgement for the alleged infringement of the ’742 Patent, respectively. The third and fourth claims are for the alleged infringement of § 271(e)(2) and declaratory judgement for the alleged infringement of ’425 Patent, respectively.

 

In the prayer for relief, the Plaintiff has requested the Court for permanent injunctive and declaratory reliefs and order that the effective date of any approval by the FDA of Slayback’s generic brimonidine ophthalmic solution be a date that is not earlier than the expiration of the ’425 patent and the ’742 patent, or such later date as the Court may determine. Further, the Plaintiff requested the Court for costs, expenses, and disbursements in this action, including reasonable attorney’s fees and any other relief the court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-16766

  • Filing Date:

    09/10/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Michael A. Shipp

 

Party Details

Plaintiffs

BAUSCH & LOMB, INC.

BAUSCH & LOMB IRELAND LIMITED

EYE THERAPIES, LLC

Defendants

SLAYBACK PHARMA LLC

SLAYBACK PHARMA INDIA LLP

Attorney/Law Firm Details

Plaintiff Attorneys

J. BRUGH LOWER

Attorney at GIBBONS PC

One Gateway Center

Newark, NJ 07102

WILLIAM P. DENI, JR.

Attorney at GIBBONS, PC

One Gateway Center

Newark, NJ 07102-5310

 

Court Documents

#4

(#4) NOTICE of Appearance by J. BRUGH LOWER on behalf of BAUSCH & LOMB IRELAND LIMITED, BAUSCH & LOMB, INC., EYE THERAPIES, LLC (LOWER, J.) (Entered: 09/10/2021)

#3

(#3) Corporate Disclosure Statement by EYE THERAPIES, LLC. (DENI, WILLIAM) (Entered: 09/10/2021)

#2

(#2) Corporate Disclosure Statement by BAUSCH & LOMB IRELAND LIMITED, BAUSCH & LOMB, INC.. (DENI, WILLIAM) (Entered: 09/10/2021)

1 #4

L. Civ. R. 11.2 Certification

1 #3

Civil Cover Sheet

1 #2

Exhibit 2

1 #1

Exhibit 1

1 #1

Main Document

 

Docket Entries

  • 09/10/2021
  • View Court Documents
  • Docket(#4) NOTICE of Appearance by J. BRUGH LOWER on behalf of BAUSCH & LOMB IRELAND LIMITED, BAUSCH & LOMB, INC., EYE THERAPIES, LLC (LOWER, J.) (Entered: 09/10/2021)

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  • 09/10/2021
  • View Court Documents
  • Docket(#3) Corporate Disclosure Statement by EYE THERAPIES, LLC. (DENI, WILLIAM) (Entered: 09/10/2021)

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  • 09/10/2021
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  • Docket(#2) Corporate Disclosure Statement by BAUSCH & LOMB IRELAND LIMITED, BAUSCH & LOMB, INC.. (DENI, WILLIAM) (Entered: 09/10/2021)

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  • 09/10/2021
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  • Docket(#1) COMPLAINT against SLAYBACK PHARMA INDIA LLP, SLAYBACK PHARMA LLC ( Filing and Admin fee $ 402 receipt number ANJDC-12791091), filed by BAUSCH & LOMB, INC., EYE THERAPIES, LLC, BAUSCH & LOMB IRELAND LIMITED. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 L. Civ. R. 11.2 Certification)(DENI, WILLIAM) (Entered: 09/10/2021)

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