This case was last updated from U.S. District Courts on 03/23/2022 at 06:42:43 (UTC).

Novartis Pharmaceuticals Corporation v. Teva Pharmaceuticals USA, Inc. et al

Case Summary

On January 21, 2022, Novartis Pharmaceuticals Corporation (hereinafter “Plaintiff” or “Novartis”), represented by Alexandra M. Joyce and Daniel M. Silver of McCarter & English, LLP, filed an intellectual property lawsuit against Teva Pharmaceuticals Usa, Inc., and Teva Pharmaceutical Industries Ltd. (collectively, “Defendants”) seeking injunctive relief, damages, attorney’s fees, costs, and interest, among other relief, for the alleged infringement of United States Patents owned by Plaintiff. This case was filed in the United States District Court in the District of Delaware.

 

Plaintiff filed this complaint for the alleged infringement of United States Patent No. 11,058,667 titled “Sacubitril-Valsartan Dosage Regimen for Treating Heart Failure” (the “’667 patent” or “Patent-in-Suit”) owned by Plaintiff.

 

In the complaint Plaintiff alleged that, “On information and belief, Teva Pharmaceuticals USA, Inc., by itself or in concert with Teva Pharmaceutical Industries Ltd., submitted to the FDA ANDA No. 213577 under the provisions of 21 U.S.C. § 355(j) seeking approval to engage in the commercial manufacture, use, sale, offer for sale, and/or importation of the Teva ANDA Products prior to the expiration of the ’667 patent.” Further, Plaintiff alleged that, “[o]n information and belief, the use of the Teva ANDA Products in the United States in accordance with and as directed by Teva’s labeling for those products, if approved, will directly infringe one or more claims of the ’667 patent.”

 

Plaintiff further alleged that, “On information and belief, if the Teva ANDA Products are approved, physicians, other medical providers, caregivers and/or patients following said instructions will directly infringe one or more claims of the ’667 patent. On information and belief, if the Teva ANDA Products are approved, Teva Pharmaceuticals USA, Inc. and/or Teva Pharmaceutical Industries Ltd. will actively encourage, recommend, or promote this infringement with knowledge of the ’667 patent, and with knowledge and intent that their acts will induce infringement of one or more claims of the ’667 patent.”

 

The Plaintiff also alleged that, “On information and belief, if the Teva ANDA Products are approved, physicians, caregivers and/or patients following the approved instructions in the Teva ANDA Products will directly infringe one or more claims of the ’667 patent. On information and belief, if the Teva ANDA Products are approved, Teva Pharmaceuticals USA, Inc. and/or Teva Pharmaceutical Industries Ltd. will contributorily infringe one or more claims of the ’667 patent and will do so with knowledge of the ’667 patent, and that the Teva ANDA Products are especially made or especially adapted for use in infringing one or more claims of the ’667 patent and are not suitable for substantial non-infringing use.”

  

There is one claim for relief laid down by Plaintiff which deals with the alleged infringement of the Patent owned by Plaintiff.

 

In its prayer for relief Plaintiff has requested the court for an award of permanent injunctive relief together with damages or other monetary relief from Defendants Teva Pharmaceuticals USA, Inc. and/or Teva Pharmaceutical Industries Ltd. for the infringement, inducement of infringement, and contributory infringement of the ’667 patent. Further, Plaintiff requested the court for an award of attorney’s fees, expenses, and costs, and equitable relief as the court deems just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-00083

  • Filing Date:

    01/21/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Leonard P. Stark

 

Party Details

Plaintiff

Novartis Pharmaceuticals Corporation

Defendants

Teva Pharmaceuticals USA, Inc.

Teva Pharmaceutical Industries Ltd.

Attorney/Law Firm Details

Plaintiff Attorneys

Daniel M. Silver

Attorney at McCarter & English, LLP

405 N. King Street, 8Th Floor

Wilmington, DE 19801

Alexandra M. Joyce

Attorney at McCarter & English, LLP

405 N. King Street, 8Th Floor

Wilmington, DE 19801

Defendant Attorney

Nathan Roger Hoeschen

Attorney at Shaw Keller LLP

1105 North Market Street, 12Th Floor

Wilmington, DE 19801

 

Court Documents

#1

(#1) COMPLAINT for PATENT INFRINGEMENT filed against Teva Pharmaceutical Industries Ltd. and Teva Pharmaceuticals USA, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3786259.) - filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(nmg) (Entered: 01/21/2022)

1 #1

Exhibit A

1 #2

Civil Cover Sheet

#2

(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 01/21/2022)

#3

(#3) Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: No earlier than 12/10/2021. Date of Expiration of Patent: 5/9/2036.Thirty Month Stay Deadline: No earlier than 7/7/2023. (nmg) (Entered: 01/21/2022)

#4

(#4) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,058,667. (nmg) (Entered: 01/21/2022)

#5

(#5) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Novartis AG for Novartis Pharmaceuticals Corporation filed by Novartis Pharmaceuticals Corporation. (nmg) (Entered: 01/21/2022)

#6

(#6) SUMMONS Returned Executed by Novartis Pharmaceuticals Corporation. Teva Pharmaceuticals USA, Inc. served on 3/1/2022, answer due 3/22/2022. (Joyce, Alexandra) (Entered: 03/02/2022)

#7

(#7) Joint STIPULATION to dismiss defendant Teva Pharmaceutical Industries Ltd. by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Hoeschen, Nathan) (Entered: 03/15/2022)

#8

(#8) STIPULATION TO EXTEND TIME to move, plead, or otherwise respond to the Complaint (D.I. 1) to April 6, 2022 - filed by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Hoeschen, Nathan) (Entered: 03/22/2022)

 

Docket Entries

  • 03/22/2022
  • View Court Documents
  • Docket(#8) STIPULATION TO EXTEND TIME to move, plead, or otherwise respond to the Complaint (D.I. 1) to April 6, 2022 - filed by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Hoeschen, Nathan) (Entered: 03/22/2022)

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  • 03/15/2022
  • DocketCase associated with lead case: Create association to 1:20-md-02930-RGA. (ntl) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#7) Joint STIPULATION to dismiss defendant Teva Pharmaceutical Industries Ltd. by Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Hoeschen, Nathan) (Entered: 03/15/2022)

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  • 03/02/2022
  • View Court Documents
  • Docket(#6) SUMMONS Returned Executed by Novartis Pharmaceuticals Corporation. Teva Pharmaceuticals USA, Inc. served on 3/1/2022, answer due 3/22/2022. (Joyce, Alexandra) (Entered: 03/02/2022)

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  • 01/26/2022
  • DocketCase Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) (Entered: 01/26/2022)

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  • 01/21/2022
  • DocketNo Summons Issued. (nmg) (Entered: 01/21/2022)

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  • 01/21/2022
  • View Court Documents
  • Docket(#5) Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Novartis AG for Novartis Pharmaceuticals Corporation filed by Novartis Pharmaceuticals Corporation. (nmg) (Entered: 01/21/2022)

    Read MoreRead Less
  • 01/21/2022
  • View Court Documents
  • Docket(#4) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 11,058,667. (nmg) (Entered: 01/21/2022)

    Read MoreRead Less
  • 01/21/2022
  • View Court Documents
  • Docket(#3) Supplemental information for patent cases involving an Abbreviated New Drug Application (ANDA) - Date Patentee(s) Received Notice: No earlier than 12/10/2021. Date of Expiration of Patent: 5/9/2036.Thirty Month Stay Deadline: No earlier than 7/7/2023. (nmg) (Entered: 01/21/2022)

    Read MoreRead Less
  • 01/21/2022
  • View Court Documents
  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) (Entered: 01/21/2022)

    Read MoreRead Less
  • 01/21/2022
  • View Court Documents
  • Docket(#1) COMPLAINT for PATENT INFRINGEMENT filed against Teva Pharmaceutical Industries Ltd. and Teva Pharmaceuticals USA, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3786259.) - filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(nmg) (Entered: 01/21/2022)

    Read MoreRead Less
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