Bayer AG et al. v. Biocon Pharma, Ltd. et al.
Infringement action filed 24 Mar 2023 in the United States District Court for the District of Delaware and closed 7 Aug 2023, with 2 patents asserted. Recorded basis of termination: dismissed with prejudice.
Case record
- Patents involved
- US9539218B2US10828310B2
- Case no.
- 1:23-cv-00334
- Verdict cause
- Infringement action
- Court
- D. Del.
- Court level
- District Court
- Case region
- Delaware
- Chief judge
- Richard G. Andrews
- Trial level
- First instance
- Filed – Closed
- 24 Mar 2023 – 7 Aug 2023
- Duration
- 136 days
- Basis of termination
- Dismissed with Prejudice
- Products & marks
- 2.5 mg, 10 mg, 15 mg, and 20 mg rivaroxaban tablets · XARELTO®
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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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Prevention and treatment of thromboembolic disorders
The present invention relates to the field of blood coagulation, more specifically it relates to a method of treating a thromboembolic disorder by administering once daily a direct factor Xa inhibitor in oral dosage form to a patient in need thereof, wherein the factor Xa inhibitor has a plasma concentration half life indicative of a bid or tid administration interval, e.g. of 10 hours or less.
- Legal status
- Active
- Granted
- 10 Jan 2017
- Earliest priority
- 31 Jan 2005
- Est. expiry
- 17 Aug 2034
- Validity challenges
- 1 on recordIPR2018-01143 · filed by MYLAN PHARMACEUTICALS INC.
- Licences recorded
- None recorded
- Inventors
- MISSELWITZ, FRANK · KUBITZA, DAGMAR · PARK, SON-MI · WEHLING, KLAUS
- Classification
- A61K31/00A61K31/5377
- Prosecution counsel
- QUARLES & BRADY LLP
- Examiner
- PADMANABHAN, SREENI
Reducing the risk of cardiovascular events
Combination therapy with rivaroxaban and aspirin successfully reduces the risk of cardiovascular events in patients who have coronary artery disease and/or peripheral artery disease.
- Legal status
- Active
- Granted
- 10 Nov 2020
- Earliest priority
- 2 Feb 2018
- Est. expiry
- 31 Jul 2039
- Validity challenges
- 7 on recordIPR2022-01515 · Patentability · filed by Invagen Pharmaceuticals, Inc.IPR2022-00517 · Patentability · filed by MYLAN PHARMACEUTICALS INC.IPR2022-01515 · Patentability · filed by Bayer96000348 · SEIPR2022-00517 · Patentability · filed by BayerIPR2022-01513 · Patentability · filed by Teva Pharmaceuticals USA, INCIPR2022-01513 · Patentability · filed by Mylan N.V
- Licences recorded
- None recorded
- Inventors
- BRUNS, NANCY COOK · MISSELWITZ, FRANK · EIKELBOOM, JOHN WILLIAM ANDREW · CONNOLLY, STUART J. · YUSUF, SALIM
- Classification
- A61K31/5377A61P9/10A61K31/616
- Prosecution counsel
- QUARLES & BRADY LLP
- Examiner
- SZNAIDMAN, MARCOS L
Parties of record
Bayer AG
- Core tech
- Not recorded
- Counsel
- Derek James Fahnestock · Jack B. Blumenfeld · Rodger Dallery Smith II
- Firm
- Morris, Nichols, Arsht & Tunnell LLP
- Also named
- Janssen Pharmaceuticals, Inc. · Bayer Pharma AG · Bayer AG
Biocon Pharma, Ltd.
- Core tech
- Not recorded
- Counsel
- Not recorded
- Firm
- Not recorded
- Also named
- Biocon Pharma, Inc. · Biocon Limited
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Derek James Fahnestock | Bayer AG | Plaintiff |
| Jack B. Blumenfeld | Bayer AG | Plaintiff |
| Rodger Dallery Smith II | Bayer AG | Plaintiff |
Basis of termination
From the record · verbatim“Pursuant to Rules 41(a)(l) and 41(c) of the Federal Rules of Civil Procedure, Plaintiffs Bayer Intellectual Property GmbH, Bayer Pharma AG, Bayer AG, and Janssen Pharmaceuticals, Inc. (collectively, “Plaintiffs”) and Defendants Biocon Pharma Limited, Biocon Limited, and Biocon Pharma, Inc. (collectively, “Biocon”), hereby stipulate and agree that Plaintiffs’ action against Biocon and Biocon’s action against Plaintiffs, including all claims and defenses asserted by Plaintiffs against Biocon and all claims and defenses asserted by Biocon against Plaintiffs, are hereby dismissed with prejudice. All parties shall bear their own costs, disbursements and attorneys’ fees.”
Case 1:23-cv-00334 · D. Del. · closed 7 August 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-00334?
1:23-cv-00334 is a patent infringement action brought by Bayer AG against Biocon Pharma, Ltd., filed on 24 Mar 2023 in the United States District Court for the District of Delaware. The case closed on 7 August 2023.
Which patents were asserted in 1:23-cv-00334?
US9539218B2 (“Prevention and treatment of thromboembolic disorders”), assigned to BAYER INTELLECTUAL PROPERTY GMBH, currently active; US10828310B2 (“Reducing the risk of cardiovascular events”), assigned to BAYER PHARMA AKTIENGESELLSCHAFT, currently active. The record also lists 2.5 mg, 10 mg, 15 mg, and 20 mg rivaroxaban tablets and XARELTO®.
How was case 1:23-cv-00334 terminated?
The recorded basis of termination is dismissed with prejudice. The termination text reads: “Pursuant to Rules 41(a)(l) and 41(c) of the Federal Rules of Civil Procedure, Plaintiffs Bayer Intellectual Property GmbH, Bayer Pharma AG, Bayer AG, and Janssen Pharmaceuticals, Inc. (collectively, “Plaintiffs”) and Defendants Biocon Pharma Limited, Biocon Limited, and Biocon Pharma, Inc. (collectively, “Biocon”), hereby stipulate and agree that Plaintiffs’ action against Biocon and Biocon’s action against Plaintiffs, including all claims and defenses asserted by Plaintiffs against Biocon and all claims and defenses asserted by Biocon against Plaintiffs, are hereby dismissed with prejudice.
What does dismissal with prejudice mean?
A dismissal with prejudice permanently ends the claims that were filed, so the same claims cannot be brought again against that defendant. It is the usual form when the parties have settled.
How long did case 1:23-cv-00334 take?
136 calendar days, from filing on 24 Mar 2023 to closure on 7 August 2023.
Who were the attorneys and the judge in 1:23-cv-00334?
Chief Judge Richard G. Andrews presided. Derek James Fahnestock, Jack B. Blumenfeld and Rodger Dallery Smith II are recorded as counsel for plaintiff Bayer.
Disclaimer. This page reproduces publicly available court docket data for case 1:23-cv-00334 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.
Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.
No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.
No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.