Infringement action filed 16 Apr 2021 in the United States District Court for the District of Delaware and closed 11 Oct 2023, with 5 patents asserted. Recorded basis of termination: judgment on the merits for defendant.
Disclosed herein is a pharmaceutical composition, comprising: (a) spironolactone; (b) a xanthan gum; (c) an anti-foaming agent; (d) a preservative; (f) a dispersing agent; (g) a sweetening agent; (h) a flavoring agent; (i) optionally a buffer to maintain the pH of the pharmaceutical composition within a range described herein; and (j) a sufficient amount of a water vehicle.
The docket lists 5 asserted patents. Full bibliographic detail, drawings and prosecution history for the remaining 3 asserted patents are one query away in Eureka.
Anne Shea Gaza · Dave Deonarine · Giancarlo Scaccia · Jeremy J. Edwards · Jonathan D. Ball · Jonathan R. Wise · Kaveh V. Saba · Lianlian Wu · Samantha G. Wilson · Scott J. Bornstein · Steven A. Maddox · Victor Sai
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
"This 11th day of October 2023, for the reasons set forth in the Memorandum Opinion issued on September 29, 2023 (D.I. 123), IT IS HEREBY ORDERED, ADJUDGED and DECREED that judgment is entered in favor of Defendant Amneal Pharmaceuticals LLC (“Amneal”), and against Plaintiff CMP Development, LLC, that the products that are the subject of Amneal’s ANDA No. 215572 will not infringe claims 1 and 8 of United States Patent No. 10,624,906, claims 1 and 10 of United States Patent No. 10,660,907 and claims 1 and 7-10 of United States Patent No. 10,888,570."
Case 1:21-cv-00549 · D. Del. · closed 11 October 2023
Source: case record, verbatim. The quoted paragraph is the basis-of-termination text as filed.
Related cases
Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.
1:21-cv-00549 is a patent infringement action brought by CMP Development, LLC against Amneal Pharmaceuticals, Inc., filed on 16 Apr 2021 in the United States District Court for the District of Delaware. The case closed on 11 October 2023.
Which patents were asserted in 1:21-cv-00549?
US10888570B2 (“Spironolactone aqueous compositions”), assigned to CMP DEVELOPMENT LLC, currently active; US9757394B2 (“Spironolactone aqueous formulations”), assigned to METRICS INC., currently active; US10493083B2 (“Spironolactone aqueous compositions”), assigned to CMP DEVELOPMENT LLC|METRICS INC.; US10660907B1 (“Spironolactone aqueous compositions”), assigned to CMP DEVELOPMENT LLC; US10624906B1 (“Spironolactone aqueous compositions”), assigned to CMP DEVELOPMENT LLC. The record also lists CaroSpir®, an oral suspension available in a dosage strength of 25 mg/5 mL.
How was case 1:21-cv-00549 terminated?
The recorded basis of termination is judgment on the merits for defendant. The termination text reads: "This 11th day of October 2023, for the reasons set forth in the Memorandum Opinion issued on September 29, 2023 (D.I. 123), IT IS HEREBY ORDERED, ADJUDGED and DECREED that judgment is entered in favor of Defendant Amneal Pharmaceuticals LLC (“Amneal”), and against Plaintiff CMP Development, LLC, that the products that are the subject of Amneal’s ANDA No. 215572 will not infringe claims 1 and 8 of United States Patent No. 10,624,906, claims 1 and 10 of United States Patent No. 10,660,907 and claims 1 and 7-10 of United States Patent No. 10,888,570."
What does judgment on the merits mean?
A judgment on the merits decides the substance of the claims, as opposed to ending the case on procedural grounds.
How long did case 1:21-cv-00549 take?
908 calendar days, from filing on 16 Apr 2021 to closure on 11 October 2023.
Who were the attorneys and the judge in 1:21-cv-00549?
Chief Judge Maryellen Noreika presided. Andrew O. Larsen, Christopher J. Sorenson, Karen L. Beckman, Kelly E. Farnan, Paige S. Stradley, Renee Mosley Delcollo and Tyler E. Cragg are recorded as counsel for plaintiff CMP Development. Anne Shea Gaza, Dave Deonarine, Giancarlo Scaccia, Jeremy J. Edwards, Jonathan D. Ball, Jonathan R. Wise, Kaveh V. Saba, Lianlian Wu, Samantha G. Wilson, Scott J. Bornstein, Steven A. Maddox and Victor Sai appear for defendant Amneal Pharmaceuticals.
Answers reproduce fields from the case record for 1:21-cv-00549 and do not constitute legal advice.Ask your own question
Disclaimer. This page reproduces publicly available court docket data for case 1:21-cv-00549 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.
