Amgen, Inc. et al. v. MSN Laboratories Private Limited et al.
Infringement action filed 12 Jan 2023 in the United States District Court for the District of Delaware and closed 8 Nov 2023, with US11162500B2 asserted. Recorded basis of termination: voluntary dismissal.
Case record
- Patent involved
- US11162500B2
- Application no.
- US16/430322
- Case no.
- 1:23-cv-00031
- Verdict cause
- Infringement action
- Court
- D. Del.
- Court level
- District Court
- Case region
- Delaware
- Chief judge
- Maryellen Noreika
- Trial level
- First instance
- Filed – Closed
- 12 Jan 2023 – 8 Nov 2023
- Duration
- 300 days
- Basis of termination
- Voluntary dismissal
- Products & marks
- Stable liquid formulation of AMG 416 (etelcalcetide)
- Validity challenges
- None recorded
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Prior art, claim scope, infringement exposure and design-around routes. Every answer cites the records behind it.
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Stable liquid formulation of AMG 416 (etelcalcetide)
A liquid formulation comprising a peptide agonist of the calcium sensing receptor and method of preparing and using the formulation are provided.
- Legal status
- Active
- Granted
- 2 Nov 2021
- Earliest priority
- 28 Jun 2013
- Est. expiry
- 27 Jun 2034
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- MACLEAN, DEREK · YIN, QUN
- Classification
- A61K38/08A61K47/12A61K9/08A61K33/04A61K45/06A61K9/00A61K31/59A61P3/00A61P3/14A61P43/00A61P5/00A61P5/18C07K7/06F04D25/06F01D15/10
- Prosecution counsel
- McDermott Will & Schulte LLP
- Examiner
- HA, JULIE
Parties of record
Amgen, Inc.
- Core tech
- A61K38/08A61K47/12A61K9/08A61K33/04
- Counsel
- Cameron Paul Clark · Jack B. Blumenfeld · Karen Jacobs
- Firm
- Morris, Nichols, Arsht & Tunnell LLP
- Also named
- KAI Pharmaceuticals, Inc.
MSN Laboratories Private Limited
- Core tech
- Not recorded
- Counsel
- Kenneth L. Dorsney.
- Firm
- Morris James LLP
- Also named
- MSN Pharmaceuticals, Inc. · Msn Life Sciences Private Limited
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Cameron Paul Clark | Amgen, Inc. | Plaintiff |
| Jack B. Blumenfeld | Amgen, Inc. | Plaintiff |
| Karen Jacobs | Amgen, Inc. | Plaintiff |
| Kenneth L. Dorsney. | MSN Laboratories Private Limited | Defendant |
Basis of termination
From the record · verbatim“WHEREAS, Plaintiffs Amgen, Inc. and KAI Pharmaceuticals, Inc. (collectively, “Plaintiffs”) have asserted a cause of action for infringement of U.S. Patent No. 11,162,500 (“the ’500 patent”) against MSN Laboratories Pvt. Ltd. and MSN Pharmaceuticals, Inc. in C.A. No. 22- cv-00037 (MN) (the “Prior ’500 Patent Action”), which is one of the cases consolidated under the case captioned Amgen Inc. et al. v. Aurobindo Pharma Limited et al., C.A. No. 21-cv-662 (MN) (D. Del.) (collectively, the “Consolidated Action”); and WHEREAS, Plaintiffs initiated this Action, Civil Action No. 23-cv-00031 (MN), asserting solely a cause of action for infringement of the ’500 patent against Defendants MSN Laboratories Pvt. Ltd., MSN Pharmaceuticals, Inc. and MSN Life Sciences Pvt. Ltd. (“the MSN Entities”) on January 15, 2023; WHEREAS Plaintiffs and the MSN Entities stipulated to dismissal of MSN Life Sciences Pvt. Ltd. from the Prior ’500 Patent Action under certain terms and conditions in the Stipulation of Voluntary Dismissal Without Prejudice (C.A. No. 22-cv-00037 (MN), D.I. 15) (now part of the Consolidated Action, see D.I. 17); WHEREAS, good cause exists to consolidate this Action and the Consolidated Action for all purposes due to the substantial overlap in the claims and defenses in those actions; and Plaintiffs and the MSN Entities, by and through their respective undersigned counsel, and subject to the approval of the Court, stipulate and agree as follows: 1. Plaintiffs agree to voluntarily dismiss all claims against MSN Life Sciences Private Limited (the “Dismissed Entity”) without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), subject to terms of paragraph 1 of the Stipulation of Voluntary Dismissal Without Prejudice entered in C.A. No. 22-cv-00037 (MN) (D.I. 15) (now part of the Consolidated Action, see D.I. 17). 2. This Action shall be consolidated with the Consolidated Action. All parties to the Consolidated Action consent to this Action’s consolidation with the Consolidated Action. 3. Consolidation of this Action with the Consolidated Action shall not modify the schedule for the Consolidated Action, and Plaintiffs and the MSN Entities agree to be bound by all orders, stipulations, and agreements reached in the Consolidated Action. All papers shall be maintained in the Consolidated Action. 4. Defendants MSN Laboratories Pvt. Ltd., MSN Pharmaceuticals, Inc. shall answer the Complaint filed in this Action on or before February 10, 2023, and shall file such Answer in the Consolidated Action.”
Case 1:23-cv-00031 · D. Del. · closed 8 November 2023
Related cases
Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.
Frequently asked questions
What is case 1:23-cv-00031?
1:23-cv-00031 is a patent infringement action brought by Amgen, Inc. against MSN Laboratories Private Limited, filed on 12 Jan 2023 in the United States District Court for the District of Delaware. The case closed on 8 November 2023.
Which patent was asserted in 1:23-cv-00031?
US11162500B2 (“Stable liquid formulation of AMG 416 (etelcalcetide)”), assigned to AMGEN INC., currently active. The record also lists Stable liquid formulation of AMG 416 (etelcalcetide).
How was case 1:23-cv-00031 terminated?
The recorded basis of termination is voluntary dismissal. The termination text reads: “WHEREAS, Plaintiffs Amgen, Inc. and KAI Pharmaceuticals, Inc. (collectively, “Plaintiffs”) have asserted a cause of action for infringement of U.S. Patent No. 11,162,500 (“the ’500 patent”) against MSN Laboratories Pvt. Ltd. and MSN Pharmaceuticals, Inc. in C.A. No. 22- cv-00037 (MN) (the “Prior ’500 Patent Action”), which is one of the cases consolidated under the case captioned Amgen Inc. et al. v. Aurobindo Pharma Limited et al., C.A. No. 21-cv-662 (MN) (D. Del.) (collectively, the “Consolidated Action”); and WHEREAS, Plaintiffs initiated this Action, Civil Action No. 23-cv-00031 (MN), ass
What does dismissal without prejudice mean?
A dismissal without prejudice ends this action but leaves the claims alive — the plaintiff may file them again later, subject to the limitation period.
How long did case 1:23-cv-00031 take?
300 calendar days, from filing on 12 Jan 2023 to closure on 8 November 2023.
Who were the attorneys and the judge in 1:23-cv-00031?
Chief Judge Maryellen Noreika presided. Cameron Paul Clark, Jack B. Blumenfeld and Karen Jacobs are recorded as counsel for plaintiff Amgen. Kenneth L. Dorsney. appears for defendant MSN Laboratories Private.
Disclaimer. This page reproduces publicly available court docket data for case 1:23-cv-00031 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.
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