Bayer Intellectual Property, GMBH et al. v. ScieGen Pharmaceuticals, Inc.
Infringement action filed 24 Mar 2023 in the United States District Court for the District of Delaware and closed 3 May 2023, with 2 patents asserted. Recorded basis of termination: consent judgment.
Case record
- Patents involved
- US9539218B2US10828310B2
- Case no.
- 1:23-cv-00335
- 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 – 3 May 2023
- Duration
- 40 days
- Basis of termination
- Consent Judgment
- Products & marks
- Prevention and treatment of thromboembolic disorders · Reducing the risk of cardiovascular events
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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 Intellectual Property, GMBH
- Core tech
- A61K31/00A61K31/5377
- 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
ScieGen Pharmaceuticals, Inc.
- Core tech
- Not recorded
- Counsel
- Patricia Smink Rogowski
- Firm
- Rogowski Law LLC
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Derek James Fahnestock | Bayer Intellectual Property, GMBH | Plaintiff |
| Jack B. Blumenfeld | Bayer Intellectual Property, GMBH | Plaintiff |
| Rodger Dallery Smith II | Bayer Intellectual Property, GMBH | Plaintiff |
| Patricia Smink Rogowski | ScieGen Pharmaceuticals, Inc. | Defendant |
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 Defendant ScieGen Pharmaceuticals, Inc. (“ScieGen”), hereby stipulate and agree that Plaintiffs’ action against ScieGen and ScieGen’s action against Plaintiffs, including all claims and defenses asserted by Plaintiffs against ScieGen and all claims and defenses asserted by ScieGen against Plaintiffs, are hereby dismissed with prejudice. All parties shall bear their own costs, disbursements and attorneys’ fees.”
Case 1:23-cv-00335 · D. Del. · closed 3 May 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-00335?
1:23-cv-00335 is a patent infringement action brought by Bayer Intellectual Property, GMBH against ScieGen Pharmaceuticals, Inc., filed on 24 Mar 2023 in the United States District Court for the District of Delaware. The case closed on 3 May 2023.
Which patents were asserted in 1:23-cv-00335?
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 Prevention and treatment of thromboembolic disorders and Reducing the risk of cardiovascular events.
How was case 1:23-cv-00335 terminated?
The recorded basis of termination is consent judgment. 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 Defendant ScieGen Pharmaceuticals, Inc. (“ScieGen”), hereby stipulate and agree that Plaintiffs’ action against ScieGen and ScieGen’s action against Plaintiffs, including all claims and defenses asserted by Plaintiffs against ScieGen and all claims and defenses asserted by ScieGen against Plaintiffs, are hereby dismissed with prejudice. All parties shall bear their own costs, dis
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-00335 take?
40 calendar days, from filing on 24 Mar 2023 to closure on 3 May 2023.
Who were the attorneys and the judge in 1:23-cv-00335?
Chief Judge Richard G. Andrews presided. Derek James Fahnestock, Jack B. Blumenfeld and Rodger Dallery Smith II are recorded as counsel for plaintiff Bayer Intellectual Property. Patricia Smink Rogowski appears for defendant ScieGen Pharmaceuticals.
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