Supernus Pharmaceuticals, Inc. v. Ascent Pharmaceuticals, Inc. et al.
Infringement action filed 28 Jul 2023 in the United States District Court for the Eastern District of New York and closed 30 Oct 2023, with 10 patents asserted. Recorded basis of termination: dismissed without prejudice.
Case record
- Patents involved
- US8298576B2US9622983B2US8663683B2US8877248B1US8889191B2US10314790B2US8298580B2US8992989B2US9555004B2US9549940B2
- Case no.
- 2:23-cv-05720
- Verdict cause
- Infringement action
- Court
- E.D.N.Y.
- Court level
- District Court
- Case region
- New York
- Chief judge
- None recorded
- Trial level
- First instance
- Filed – Closed
- 28 Jul 2023 – 30 Oct 2023
- Duration
- 94 days
- Basis of termination
- Dismissed without Prejudice
- Products & marks
- Trokendi XR®
Check this patent against your own product
Prior art, claim scope, infringement exposure and design-around routes. Every answer cites the records behind it.
Get an FTO claim chart- 01Ranked prior artEvery hit source-linked
- 02Claim-level comparisonAgainst your own product
- 03Legal statusAcross 174 jurisdictions
Sustained-release formulations of topiramate
Pharmaceutical compositions of topiramate for once-a-day oral administration are provided. The formulations comprise a sustained-release component and an optional immediate-release component, the compositions of which can be selectively adjusted, respectively, to release the active ingredient along a pre-determined release profile. Method of treating or preventing pathological disorders in mammalian subjects comprising the administration of the novel formulations disclosed herein is also provided.
- Legal status
- Active
- Granted
- 30 Oct 2012
- Earliest priority
- 17 Nov 2006
- Est. expiry
- 4 Apr 2028
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- LIANG, LIKAN · WANG, HUA · BHATT, PADMANABH P. · VIEIRA, MICHAEL L.
- Classification
- A61K31/357A61K9/54A61K9/24A61K9/14
- Prosecution counsel
- FOLEY & LARDNER LLP
- Examiner
- ZISKA, SUZANNE
Sustained-release formulations of topiramate
Pharmaceutical compositions of topiramate for once-a-day oral administration are provided. The formulations comprise a sustained-release component and an optional immediate-release component, the compositions of which can be selectively adjusted, respectively, to release the active ingredient along a pre-determined release profile. Method of treating or preventing pathological disorders in mammalian subjects comprising the administration of the novel formulations disclosed herein is also provided.
- Legal status
- Active
- Granted
- 18 Apr 2017
- Earliest priority
- 17 Nov 2006
- Est. expiry
- 16 Nov 2027
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- LIANG, LIKAN · WANG, HUA · BHATT, PADMANABH P. · VIEIRA, MICHAEL L.
- Classification
- A61K9/14A61K45/06A61K31/357B82Y5/00A61K31/7048A61K9/16A61K9/50A61K9/24
- Prosecution counsel
- FOLEY & LARDNER LLP
- Examiner
- ZISKA, SUZANNE
Also asserted in this case
8 moreThe docket lists 10 asserted patents. Full bibliographic detail, drawings and prosecution history for the remaining 8 asserted patents are one query away in Eureka.
- US8663683B2Sustained-release formulations of topiramate
- US8877248B1Sustained-release formulations of topiramate
- US8889191B2Sustained-release formulations of topiramate
- US10314790B2Sustained-release formulations of topiramate
- US8298580B2Sustained-release formulations of topiramate
- US8992989B2Sustained-release formulations of topiramate
- US9555004B2Sustained-release formulations of topiramate
- US9549940B2Sustained-release formulations of topiramate
Parties of record
Supernus Pharmaceuticals, Inc.
- Core tech
- A61K31/357A61K9/54A61K9/24A61K9/14
- Counsel
- Nicholas Franks Giove · Richard Kurz
- Firm
- Haug Partners LLP
Ascent Pharmaceuticals, Inc.
- Core tech
- Not recorded
- Counsel
- Not recorded
- Firm
- Not recorded
- Also named
- Hetero Labs Limited · Camber Pharmaceuticals, Inc.
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Nicholas Franks Giove | Supernus Pharmaceuticals, Inc. | Plaintiff |
| Richard Kurz | Supernus Pharmaceuticals, Inc. | Plaintiff |
Basis of termination
From the record · verbatim“NOTICE of Voluntary Dismissal by Supernus Pharmaceuticals, Inc. without prejudice ( Giove, Nicholas) (Entered: 10/25/2023) 10/30/2023 ORDER. Thecaseis dismissed without prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i) in light ofPlaintiff’s ECF. No. 10 Notice ofVoluntaryDismissal because Defendants have neither filed anAnswer nora Motion for Summary Judgment. Ordered by Judge NusratJ. Choudhury on 10/30/2023. (ASB) (Entered: 10/30/2023)”
Case 2:23-cv-05720 · E.D.N.Y. · closed 30 October 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 2:23-cv-05720?
2:23-cv-05720 is a patent infringement action brought by Supernus Pharmaceuticals, Inc. against Ascent Pharmaceuticals, Inc., filed on 28 Jul 2023 in the United States District Court for the Eastern District of New York. The case closed on 30 October 2023.
Which patents were asserted in 2:23-cv-05720?
US8298576B2 (“Sustained-release formulations of topiramate”), assigned to SUPERNUS PHARMACEUTICALS, INC., currently active; US9622983B2 (“Sustained-release formulations of topiramate”), assigned to SUPERNUS PHARMACEUTCALS, INC., currently active; US8663683B2 (“Sustained-release formulations of topiramate”), assigned to SUPERNUS PHARMACEUTICALS, INC.; US8877248B1 (“Sustained-release formulations of topiramate”), assigned to SUPERNUS PHARMACEUTICALS, INC.; US8889191B2 (“Sustained-release formulations of topiramate”), assigned to SUPERNUS PHARMACEUTICALS, INC.; US10314790B2 (“Sustained-release formulations of topiramate”), assigned to SUPERNUS PHARMACEUTICALS, INC.; US8298580B2 (“Sustained-release formulations of topiramate”), assigned to SUPERNUS PHARMACEUTICALS, INC.; US8992989B2 (“Sustained-release formulations of topiramate”), assigned to SUPERNUS PHARMACEUTICALS, INC.; US9555004B2 (“Sustained-release formulations of topiramate”), assigned to SUPERNUS PHARMACEUTICALS, INC.; US9549940B2 (“Sustained-release formulations of topiramate”), assigned to SUPERNUS PHARMACEUTICALS, INC.. The record also lists Trokendi XR®.
How was case 2:23-cv-05720 terminated?
The recorded basis of termination is dismissed without prejudice. The termination text reads: “NOTICE of Voluntary Dismissal by Supernus Pharmaceuticals, Inc. without prejudice ( Giove, Nicholas) (Entered: 10/25/2023) 10/30/2023 ORDER. Thecaseis dismissed without prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i) in light ofPlaintiff’s ECF. No. 10 Notice ofVoluntaryDismissal because Defendants have neither filed anAnswer nora Motion for Summary Judgment. Ordered by Judge NusratJ. Choudhury on 10/30/2023. (ASB) (Entered: 10/30/2023)”
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 2:23-cv-05720 take?
94 calendar days, from filing on 28 Jul 2023 to closure on 30 October 2023.
Who were the attorneys and the judge in 2:23-cv-05720?
Nicholas Franks Giove and Richard Kurz are recorded as counsel for plaintiff Supernus Pharmaceuticals.
Disclaimer. This page reproduces publicly available court docket data for case 2:23-cv-05720 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.