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Bristol-Myers Squibb et al. v. ScieGen Pharmaceuticals | Patent Lawsuit 1:23-cv-00393

Bristol-Myers Squibb Company et al. v. ScieGen Pharmaceuticals, Inc.

1:23-cv-00393 D. Del. Closed US9326945B2
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Infringement action filed 6 Apr 2023 in the United States District Court for the District of Delaware and closed 27 Apr 2023, with US9326945B2 asserted. Recorded basis of termination: consent judgment.

Case recordPatsnap Litigation Data·

Case record

Patent involved
US9326945B2
Application no.
US13/579796
Case no.
1:23-cv-00393
Verdict cause
Infringement action
Court
D. Del.
Court level
District Court
Case region
Delaware
Trial level
First instance
Filed – Closed
6 Apr 2023 – 27 Apr 2023
Duration
21 days
Basis of termination
Consent Judgment
Products & marks
Apixaban formulations
Validity challenges
1 on record
Source: Patsnap Litigation Data. Case 1:23-cv-00393, United States District Court for the District of Delaware. Open this record in Eureka
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Patent at issue
US9326945B2 Active App. US13/579796

Apixaban formulations

Compositions comprising crystalline apixaban particles having a D90 equal to or less than 89 μm, and a pharmaceutically acceptable carrier, are substantially bioequivalent and can be used to for the treatment and/or prophylaxis of thromboembolic disorders.

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Patent standing
Legal status
Active
Granted
3 May 2016
Earliest priority
25 Feb 2010
Est. expiry
24 Aug 2031
Validity challenges
1 on recordIPR2018-00892 · Other · filed by MYLAN PHARMACEUTICALS INC.
Licences recorded
None recorded
Classification
A61K9/20A61K31/4545A61K31/437A61K31/4412
Prosecution counsel
Venable LLP
Examiner
BARHAM, BETHANY
US9326945B2 patent drawing, figure 1
Fig. 1
US9326945B2 patent drawing, figure 2
Fig. 2
Source: Patsnap patent data + case record. Bibliographic fields and drawings reproduced from the published patent document. Break down the claims
Parties & counsel

Parties of record

Counsel of record

Source: case record + Patsnap company data. Attorney names appear as recorded in the docket. Compare both portfolios
Outcome

Basis of termination

From the record · verbatim

“Plaintiffs Bristol-Myers Squibb Company and Pfizer Inc., and Defendant ScieGen Pharmaceuticals, Inc., by their respective undersigned counsel, hereby STIPULATE and AGREE as follows: 1. All claims and counterclaims, defenses, motions and petitions asserted in this Action are dismissed without prejudice; 2. Each party shall bear its own costs and attorneys’ fees with respect to the matters dismissed hereby; 3. The parties each expressly waive any right to appeal or otherwise move for relief from this Stipulation and Order; 4. This Court retains jurisdiction over the parties for purposes of enforcing this Stipulation and Order; and 5. This Stipulation and Order shall finally resolve the Action between the parties.”

Case 1:23-cv-00393 · D. Del. · closed 27 April 2023
Source: case record, verbatim. The quoted paragraph is the basis-of-termination text as filed.

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Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.

FAQ

Frequently asked questions

What is case 1:23-cv-00393?

1:23-cv-00393 is a patent infringement action brought by Bristol-Myers Squibb Company against ScieGen Pharmaceuticals, Inc., filed on 6 Apr 2023 in the United States District Court for the District of Delaware. The case closed on 27 April 2023.

Which patent was asserted in 1:23-cv-00393?

US9326945B2 (“Apixaban formulations”), assigned to BRISTOL-MYERS SQUIBB COMPANY, currently active. The record also lists Apixaban formulations.

How was case 1:23-cv-00393 terminated?

The recorded basis of termination is consent judgment. The termination text reads: “Plaintiffs Bristol-Myers Squibb Company and Pfizer Inc., and Defendant ScieGen Pharmaceuticals, Inc., by their respective undersigned counsel, hereby STIPULATE and AGREE as follows: 1. All claims and counterclaims, defenses, motions and petitions asserted in this Action are dismissed without prejudice; 2. Each party shall bear its own costs and attorneys’ fees with respect to the matters dismissed hereby; 3. The parties each expressly waive any right to appeal or otherwise move for relief from this Stipulation and Order; 4. This Court retains jurisdiction over the parties for purposes of enfo

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-00393 take?

21 calendar days, from filing on 6 Apr 2023 to closure on 27 April 2023.

Who were the attorneys and the judge in 1:23-cv-00393?

Chief Judge Gregory B. Williams presided. Brian E. Farnan, Joseph J. Farnan Jr. and Michael J. Farnan are recorded as counsel for plaintiff Bristol-Myers Squibb. Patricia Smink Rogowski and Robert S. Silver appear for defendant ScieGen Pharmaceuticals.

Answers reproduce fields from the case record for 1:23-cv-00393 and do not constitute legal advice. Ask your own question

Disclaimer. This page reproduces publicly available court docket data for case 1:23-cv-00393 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.

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