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Catalyst Pharmaceuticals v. Lupin — Firdapse Patent Litigation | PatSnap
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Case ID2:23-cv-01197
FiledMar 2023
ClosedAug 2025
Patent Litigation

Catalyst Pharmaceuticals & SERB SA v. Lupin — Firdapse Patent Consent Judgment

Catalyst Pharmaceuticals and SERB SA filed suit against Lupin Limited and its U.S. affiliates in New Jersey District Court, asserting six patents covering Firdapse (amifampridine), a treatment for Lambert-Eaton myasthenic syndrome. After 911 days of litigation, the parties reached a negotiated settlement memorialised in a consent judgment that bars Lupin from infringing the Licensed Firdapse Patents absent specific authorisation.

Resolution time
911days
911 days — roughly 2.5 years from filing to consent judgment, consistent with ANDA pharma patent disputes
Patents asserted
6
US11268128B2 and 5 further patents asserted covering Firdapse (amifampridine/3,4-DAP) formulations and degradation
Outcome
Consent Judgment
Consent judgment entered; remaining claims dismissed without prejudice and without costs to any party
Cost ruling
No Cost Award
Consent judgment expressly provides no costs, disbursements, or attorneys’ fees awarded to either party
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

Six-patent Firdapse ANDA dispute ends in negotiated consent judgment

On 1 March 2023, Catalyst Pharmaceuticals, Inc. and SERB SA (collectively the patent holders) filed suit against Lupin Limited, Lupin Pharmaceuticals, Inc., and Lupin, Inc. in the District of New Jersey, asserting infringement of six U.S. patents — US11268128B2, US11274332B2, US11274331B2, US10626088B2, US10793893B2, and US11060128B2 — all relating to Firdapse (amifampridine phosphate), a drug approved for the treatment of Lambert-Eaton myasthenic syndrome (LEMS). The trigger for the lawsuit was Lupin’s ANDA No. 217996, a generic drug application seeking FDA approval to market an amifampridine product in the United States.

After 911 days of litigation, the parties resolved the dispute through a consent judgment entered on 28 August 2025. The consent judgment prohibits Lupin and its affiliates, successors, and assigns from infringing the Licensed Firdapse Patents by making, using, selling, offering to sell, importing, or distributing the Lupin Product in the United States unless specifically authorised under the parties’ settlement agreement or the safe-harbour provision of 35 U.S.C. § 271(e)(1). All remaining claims, counterclaims, and affirmative defences were dismissed without prejudice and without costs. The court expressly retained jurisdiction to enforce the consent judgment and oversee performance under the settlement agreement.

A 911-day litigation timeline is broadly consistent with complex ANDA Paragraph IV patent disputes, though the consent judgment rather than a merits ruling suggests both parties identified commercial reasons to negotiate certainty. The settlement agreement itself — including any patent licensing terms, royalty obligations, or authorised entry date — is not part of the public record. The express preservation of FDA’s ability to grant final ANDA approval at any time suggests a conditional or date-triggered commercial licence may exist privately, though this cannot be confirmed from available filings.

Case at a glance
Case no.2:23-cv-01197
DefendantLupin Limited
CourtNew Jersey
JudgeN/A
FiledMarch 1, 2023
ClosedAugust 28, 2025
Duration911 days
OutcomeConsent Judgment
Verdict causeInfringement Action
BasisConsent Judgment
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Case data sourced from PACER / New Jersey District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

Filing to Consent Judgment in 911 days

911 days — roughly 2.5 years from filing to consent judgment, consistent with ANDA pharma patent disputes

Case timeline: Complaint filed MAR 1 2023, MAY–JUN — 911 days total Horizontal timeline showing the three key events in Catalyst Pharmaceuticals, Inc. v Lupin Limited from filing to resolution. Source: PACER, New Jersey District Court. MAR 1 2023 Complaint filed Pre-trial proceedings AUG 28 2025 Consent Judgment 911 DAYS TOTAL
Settlement terms

Consent judgment entered: what the resolution means for both parties

Legal mechanism

Consent judgment vs. litigation win: what the record shows

A consent judgment is a negotiated court order — not a merits ruling — in which parties agree to binding obligations enforceable by the court. Here, Lupin agreed not to infringe the Licensed Firdapse Patents absent authorisation, while all claims were dismissed without prejudice. The court retained jurisdiction, meaning any breach of the settlement or consent judgment can be enforced directly without refiling.

Negotiated resolution
Patent holder outcome

Firdapse patents receive court-backed enforcement protection

Catalyst and SERB secured a consent judgment that legally binds Lupin’s U.S. entities and affiliates against unauthorised commercialisation of the amifampridine product. The six Licensed Firdapse Patents are not adjudicated invalid or unenforceable on the public record — a commercially significant outcome that preserves their use against future ANDA filers. Dismissal without prejudice leaves the door open if Lupin were to act outside the settlement terms.

Patents remain enforceable
Challenger outcome

Lupin preserves ANDA but accepts infringement bar

Lupin’s ANDA No. 217996 remains alive — the consent judgment expressly does not preclude FDA from granting final ANDA approval. This strongly suggests a private licence or authorised entry arrangement. However, Lupin accepted a binding court order prohibiting unauthorised launch, creating direct contempt exposure for any early or unlicensed commercialisation attempt. The dismissal without prejudice limits Lupin’s ability to reopen invalidity arguments without new litigation.

ANDA preserved, launch restricted
Commercial implications

Generic LEMS market entry gated by consent judgment terms

The LEMS drug market — centred on amifampridine/Firdapse — remains protected by six active patents, now reinforced by a court-entered order. Any other ANDA filer targeting this space will face the same patent stack without the benefit of Lupin’s negotiated position. The non-public settlement agreement likely sets a commercial entry date, which will shape competitive dynamics for this orphan disease market. Patent attorneys monitoring the space should track FDA approval timing for ANDA 217996.

Market entry date privately held
Legal analysis based on PACER docket records for case 2:23-cv-01197 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffCatalyst Pharmaceuticals, Inc.CompanyRare-disease pharmaceutical company — holder of US11268128B2 and five further Firdapse patentsSearch in Eureka ↗
Co-PlaintiffSerb, SACompanySearch in Eureka ↗
DefendantLupin LimitedIndividualGlobal generic pharmaceutical manufacturer seeking U.S. ANDA approval for amifampridine productSearch in Eureka ↗
Co-DefendantLupin Pharmaceuticals, Inc.CompanySearch in Eureka ↗
Co-DefendantLupin, Inc.CompanySearch in Eureka ↗
Plaintiff counselCharles H. ChevalierAttorneyCounsel for Catalyst Pharmaceuticals, Inc.Search in Eureka ↗
Plaintiff counselChristine A. GaddisAttorneyCounsel for Catalyst Pharmaceuticals, Inc.Search in Eureka ↗
Plaintiff counselDennies VarugheseAttorneyCounsel for Catalyst Pharmaceuticals, Inc.Search in Eureka ↗
Plaintiff law firmGibbons, PCLaw FirmRepresenting Catalyst Pharmaceuticals, Inc.Search in Eureka ↗
Plaintiff law firmSterne Kessler Goldstein & FoxLaw FirmRepresenting Catalyst Pharmaceuticals, Inc.Search in Eureka ↗
Defendant counselJames S. RichterAttorneyCounsel for Lupin LimitedSearch in Eureka ↗
Defendant counselZhibin LiAttorneyCounsel for Lupin LimitedSearch in Eureka ↗
Defendant law firmBuchanan Ingersoll & Rooney, PCLaw FirmRepresenting Lupin LimitedSearch in Eureka ↗
Defendant law firmMIDLIGE RICHTER LLCLaw FirmRepresenting Lupin LimitedSearch in Eureka ↗
Presiding judgeJudge N/AJudgeNew Jersey District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“Catalyst Pharmaceutical, Inc. (“Catalyst”), SERB SA (“SERB”) and Lupin Ltd. and Lupin Pharmaceuticals, Inc. (collectively “Lupin”), parties in the above-captioned action, have resolved this litigation for good cause and valuable consideration recognized by Catalyst, SERB, and Lupin. Now the parties, by their respective undersigned attorneys, hereby stipulate and consent to entry of judgment as follows: ORDERED, ADJUDGED AND DECREED as follows: 1. As used in this Consent Judgment, the terms “Lupin Product,” “Licensed Firdapse Patents,” and Affiliate shall have the meanings set forth in the Parties’ Settlement Agreement. 2. Unless otherwise specifically authorized by Catalyst and SERB pursuant to the Settlement Agreement or by 35 U.S.C. § 271(e)(1), Lupin, including any of its Affiliates, successors and assigns, agrees to not infringe the Licensed Firdapse Patents, on its own part or through any Affiliate, by making, having made, using, selling, offering to sell, importing or distributing of the Lupin Product in the United States. 3. All remaining claims, counterclaims, and affirmative defenses asserted by the Parties against each other in the above-captioned action (the “Action”) are hereby dismissed without prejudice and without costs, disbursements or attorneys’ fees to any party. 4. It is further stipulated that this District Court retains jurisdiction to enforce and resolve any disputes relating to the Parties’ resolution of the Action, or supervise performance under this Consent Judgment and the Settlement Agreement. 5. Nothing herein shall preclude the U.S. Food & Drug Administration from granting final approval at any time to Lupin’s ANDA No. 217996.”
Source: PACER Docket, Case 2:23-cv-01197, New Jersey District Court

The consent judgment’s operative language — binding Lupin not to infringe the Licensed Firdapse Patents ‘on its own part or through any Affiliate’ — is notably broad, extending to successors and assigns. The carve-out for 35 U.S.C. § 271(e)(1) preserves Lupin’s right to conduct FDA-required activities. Critically, the judgment neither invalidates nor adjudicates infringement of any patent on the merits, leaving Catalyst and SERB’s full patent portfolio intact for enforcement against third parties. The retained jurisdiction clause transforms the settlement agreement into directly court-enforceable terms.

PACER case 2:23-cv-01197 · Public docket record Explore in Eureka ↗
Patent at issue

US11268128B2 and five further patents — Firdapse (amifampridine) formulation and stability

Publication No.US11268128B2
Application No.US17/503190
Patent details
Productamifampridine phosphate formulation and stability methods
Cited in actionMarch 1, 2023

Publication No.US11274332B2
Application No.US17/503148
Patent details
Productamifampridine phosphate composition and quality control
Cited in actionMarch 1, 2023

Publication No.US11274331B2
Application No.US17/503092
Patent details
Productamifampridine phosphate preparation and analytical methods
Cited in actionMarch 1, 2023

Publication No.US10626088B2
Application No.US15/695043
Patent details
Productamifampridine (3,4-DAP) phosphate salt compositions
Cited in actionMarch 1, 2023

Publication No.US10793893B2
Application No.US14/128672
Patent details
Productamifampridine synthesis and formulation processes
Cited in actionMarch 1, 2023

Publication No.US11060128B2
Application No.US17/009250
Patent details
Productdetermining degradation of 3,4-diaminopyridine pharmaceutical compositions
Cited in actionMarch 1, 2023

The six asserted patents — US11268128B2, US11274332B2, US11274331B2, US10626088B2, US10793893B2, and US11060128B2 — collectively form a layered patent portfolio around Firdapse (amifampridine phosphate), an FDA-approved treatment for Lambert-Eaton myasthenic syndrome. The portfolio spans formulation, composition, and analytical methods including determining degradation of 3,4-diaminopyridine. Application dates range from 2013 (US14/128672) through 2021 (US17/503092, US17/503148, US17/503190), indicating sustained prosecution activity extending the effective protection window well into the 2030s.

The breadth of this patent stack — covering both core composition claims and stability/degradation characterisation — reflects a strategic approach common in orphan drug commercialisation: layering process and analytical patents alongside primary composition claims to raise the cost of generic entry. For any competitor developing an amifampridine ANDA, this portfolio presents a multi-front clearance challenge. The consent judgment’s outcome means none of the six patents has been adjudicated invalid, strengthening Catalyst and SERB’s enforcement posture against any subsequent Paragraph IV challenger.

Patent data sourced from USPTO via PatSnap Eureka patent database Search patent records in Eureka ↗
Freedom to operate

Should you run an FTO against the Firdapse patent portfolio?

Any pharmaceutical developer, ANDA filer, or formulator working with amifampridine (3,4-diaminopyridine phosphate) or related compounds should conduct a targeted FTO analysis against this six-patent portfolio. The patents span composition, formulation, and degradation characterisation — meaning exposure can arise not only from the final drug product but from analytical methods used during development and quality control. The consent judgment confirms all six patents remain fully enforceable with no adverse validity findings on record.

PatSnap Eureka’s FTO Search Agent can rapidly map your amifampridine product or process against all six Firdapse patents, identifying claim-by-claim overlap and flagging prosecution history estoppel that may inform design-around strategies. Eureka also monitors for new continuations or divisionals from the same application families, ensuring your FTO remains current as Catalyst and SERB’s prosecution activity continues.

PatSnap Eureka FTO Search

Run a freedom-to-operate analysis on US11268128B2 to assess your product’s exposure

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Related litigation

Similar ANDA patent infringement cases in pharma — NJ District Court

Explore related Hatch-Waxman ANDA litigation involving amifampridine, rare-disease drug patents, and consent judgment resolutions in the District of New Jersey.

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Catalyst Pharmaceuticals, Inc. patent enforcement history, New Jersey case history, Catalyst Pharmaceuticals, Inc.’s full IP portfolio, and comparable case analysis
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Strategic implications

What this case signals for the amifampridine / rare-disease pharma IP landscape

A six-patent ANDA dispute resolved by consent judgment sends clear signals to generic entrants and branded LEMS drug holders alike.

Six-patent assertion stacks deter generic entry in orphan drug markets

Catalyst and SERB asserted six patents simultaneously, a strategy consistent with maximising litigation cost and settlement leverage against a single generic challenger. For ANDA filers in rare-disease spaces, a multi-patent stack of this depth typically signals that the innovator has built layered IP around formulation, composition, and stability — making full invalidity clearance expensive and uncertain.

Consent judgments preserve patent validity for future enforcement rounds

Because no court adjudicated the six Firdapse patents invalid or not infringed, Catalyst and SERB retain the full weight of these patents against any subsequent ANDA filers. Generic competitors who were not party to this settlement cannot rely on Lupin’s case outcome to mount an IPR or invalidity challenge based on prior proceedings. Each new entrant must independently clear all six patents.

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Authorised entry date signalsDegradation patent FTO riskNext ANDA filer exposure map
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Frequently asked questions

Catalyst v Lupin — key questions answered

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Monitor the Firdapse patent landscape before your next ANDA filing

Six patents remain fully enforceable after this consent judgment with no invalidity findings on record. Use PatSnap Eureka to run ongoing patent monitoring and FTO analysis across the entire amifampridine portfolio before committing to a generic development programme.

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