Teva Pharmaceutical Industries, Ltd. et al. v. Cipla Limited
Infringement action filed 7 Aug 2020 in the United States District Court for the District of New Jersey and closed 29 Jun 2023, with 6 patents asserted. Recorded basis of termination: injunction granted.
Case record
- Case no.
- 2:20-cv-10172
- Verdict cause
- Infringement action
- Court
- D.N.J.
- Court level
- District Court
- Case region
- New Jersey
- Chief judge
- None recorded
- Trial level
- First instance
- Filed – Closed
- 7 Aug 2020 – 29 Jun 2023
- Duration
- 1056 days
- Basis of termination
- Injunction Granted
- Products & marks
- Dose counter for inhaler and method for counting doses · Dose counter for inhaler having a bore and shaft arrangement · Dose counter for inhaler having an anti-reverse rotation actuator · Dose counters for inhalers, inhalers and methods of assembly thereof
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
Dose counter for inhaler having an anti-reverse rotation actuator
A dose counter for an inhaler includes a counter display arranged to indicate dosage information, and a drive system arranged to move the counter display incrementally in a first direction from a first station to a second station in response to actuation input. A regulator is provided which is arranged to act upon the counter display at the first station to regulate motion of the counter display at the first station to incremental movements.
- Legal status
- Active
- Granted
- 18 Feb 2020
- Earliest priority
- 18 May 2010
- Est. expiry
- 1 Jul 2032
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- WALSH, DECLAN · FENLON, DEREK · KAAR, SIMON · HAZENBERG, JAN GEERT · BUCK, DANIEL · CLANCY, PAUL · USCHOLD, ROBERT CHARLES · KARG, JEFFREY A.
- Classification
- A61M15/00G06M1/24A61M11/00
- Prosecution counsel
- Morgan, Lewis & Bockius LLP
- Examiner
- HESS, DANIEL A
Dose counter for inhaler and method for counting doses
A dose counter for a metered dose inhaler includes an incremental counting system for counting doses. The incremental counting system has a main body, an actuator arranged to be driven in response to canister motion and to drive an incremental output member in response to canister motion. The actuator and incremental output member are configured to have predetermined canister fire and count configurations in a canister fire sequence. The canister fire configuration is determined by a position of the actuator relative to a datum at which the canister fires medicament and the count configuration is determined by a position of the actuator relative to the datum at which the incremental count system makes an incremental count. The actuator is arranged to reach a position in the count configuration at or after a position in the canister fire configuration.
- Legal status
- Active
- Granted
- 2 Oct 2018
- Earliest priority
- 18 May 2010
- Est. expiry
- 18 May 2031
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- WALSH, DECLAN · FENLON, DEREK · KAAR, SIMON · HAZENBERG, JAN GEERT · BUCK, DANIEL · CLANCY, PAUL · USCHOLD, ROBERT CHARLES · KARG, JEFFREY A.
- Classification
- G06M1/06A61M11/00A61M15/00G06M1/24
- Prosecution counsel
- Morgan, Lewis & Bockius LLP
- Examiner
- HESS, DANIEL
Also asserted in this case
4 moreThe docket lists 6 asserted patents. Full bibliographic detail, drawings and prosecution history for the remaining 4 asserted patents are one query away in Eureka.
- US10022510B2Dose counters for inhalers, inhalers and methods of assembly thereof
- US10022509B2Dose counter for inhaler having a bore and shaft arrangement
- US9463289B2Dose counters for inhalers, inhalers and methods of assembly thereof
- US9808587B2Dose counter for inhaler having an anti-reverse rotation actuator
Parties of record
Teva Pharmaceutical Industries, Ltd.
- Core tech
- Not recorded
- Counsel
- Katelyn O’Reilly · Liza M. Walsh · Selena Miriam Ellis · William T. Walsh
- Firm
- Walsh Pizzi O’Reilly Falanga LLP
- Also named
- Norton (Waterford) Limited
Cipla Limited
- Core tech
- Not recorded
- Counsel
- Gregory D. Miller
- Firm
- Rivkin Radler LLP
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Katelyn O’Reilly | Teva Pharmaceutical Industries, Ltd. | Plaintiff |
| Liza M. Walsh | Teva Pharmaceutical Industries, Ltd. | Plaintiff |
| Selena Miriam Ellis | Teva Pharmaceutical Industries, Ltd. | Plaintiff |
| William T. Walsh | Teva Pharmaceutical Industries, Ltd. | Plaintiff |
| Gregory D. Miller | Cipla Limited | Defendant |
Basis of termination
From the record · verbatim“WHEREAS, the Court held a three-day bench trial in the above-captioned matter on November 16, 17, and 18, 2022. (ECF Nos. 241-244.) For the reasons set forth in the Court’s Opinion and Opinion dated June 21, 2023 (BCF Nos. 301, 302), and all parties having consented to the form and entry hereof, Judgment is entered in favor of Plaintiffs Teva Branded Pharmaceutical Products R&D, Inc. and Norton (Waterford) Ltd. (collectively, “Plaintiffs”) and against Defendant Cipla Ltd. (“Cipla”): 1. Cipla’s filing of Abbreviated New Drug Application (“ANDA”) No. 211434 (“Cipla’s ANDA”) infringes claims 1-2, 4, and 6-7 ofU.S. Patent No. 9,463,289 (the ‘”289 patent”); claims 1-2, 4, 6-7, and 12 ofU.S. Patent No. 9,808,587 (the “‘587 patent”); and claim 28 ofU.S. Patent No. 10,561,808 (the ‘”808 patent”). The manufacture, use, sale, or offer for sale within the United States, or importation into the United States, of the product that is the subject ofCipla’s ANDA (“Cipla’s ANDA Product”), would infi’mge the same claims. 2. Claims 1-2, 4, and 6-7 of the ‘289 patent; claims 1-2, 4, 6-7, and 12 of the ?587 patent; and claim 28 of the ‘808 patent are not invalid. 3. Pursuant to 35 U.S.C. § 271(e)(4)(A), the U.S. Food & Drug Administration shall not approve Cipla’s ANDA Product on a date which is earlier than the expiration date of the latest-expiring claim that Cipla has been adjudged to infringe (for the ‘289 and ‘587 patents, May 18, 2031; and for the 808 patent, January 1, 2032), including any extensions and market exclusivities. 4. Pursuant to 35 U.S.C. § 27l(e)(4)(B), Cipla, its officers, agents, servants, employees, and attorneys; and any other persons who are in active concert or participation with anyone described above are hereby enjoined from commercially manufacturing, using, offering to sell, or selling within the United States, or importing into the United States, Cipla’s ANDA Product before the expiration date of the latest” expiring claim that Cipla has been adjudged to infringe (for the ‘289 and ‘587 patents. May 18, 2031; and for the ‘808 patent, January 1,2032), including any extensions and market exclusivities. 5. Judgment is hereby entered (a) in favor of Plaintiffs and against Cipla on Plaintiffs’ claims for infringement of claims 1-2,4, and 6-7 of the ‘289 patent; claims 1-2, 4, 6-7, and 12 of the ?587 patent; and claim 28 ofthe ‘808 patent; and (b) in favor of Plaintiffs and against Cipla on Cipla’s counterclaims and defenses. {See ECF No. 1; ECF No. 7.) 6. This is the FINAL JUDGMENT of the Court.”
Case 2:20-cv-10172 · D.N.J. · closed 29 June 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 2:20-cv-10172?
2:20-cv-10172 is a patent infringement action brought by Teva Pharmaceutical Industries, Ltd. against Cipla Limited, filed on 7 Aug 2020 in the United States District Court for the District of New Jersey. The case closed on 29 June 2023.
Which patents were asserted in 2:20-cv-10172?
US10561808B2 (“Dose counter for inhaler having an anti-reverse rotation actuator”), assigned to TEVA PHARMACEUTICALS IRELAND, currently active; US10086156B2 (“Dose counter for inhaler and method for counting doses”), assigned to TEVA PHARMACEUTICALS IRELAND, currently active; US10022510B2 (“Dose counters for inhalers, inhalers and methods of assembly thereof”), assigned to IVAX PHARMACEUTICALS IRELAND|TEVA PHARMACEUTICALS IRELAND|NORTON (WATERFORD) LIMITED; US10022509B2 (“Dose counter for inhaler having a bore and shaft arrangement”), assigned to IVAX PHARMACEUTICALS IRELAND|NORTON (WATERFORD) LIMITED|TEVA PHARMACEUTICALS IRELAND; US9463289B2 (“Dose counters for inhalers, inhalers and methods of assembly thereof”), assigned to TEVA PHARMACEUTICALS IRELAND|IVAX PHARMACEUTICALS IRELAND|NORTON (WATERFORD) LIMITED; US9808587B2 (“Dose counter for inhaler having an anti-reverse rotation actuator”), assigned to IVAX PHARMACEUTICALS IRELAND|TEVA PHARMECUTICALS IRELAND|NORTON (WATERFORD) LIMITED. The record also lists Dose counter for inhaler and method for counting doses, Dose counter for inhaler having a bore and shaft arrangement, Dose counter for inhaler having an anti-reverse rotation actuator and Dose counters for inhalers, inhalers and methods of assembly thereof.
How was case 2:20-cv-10172 terminated?
The recorded basis of termination is injunction granted. The termination text reads: “WHEREAS, the Court held a three-day bench trial in the above-captioned matter on November 16, 17, and 18, 2022. (ECF Nos. 241-244.) For the reasons set forth in the Court’s Opinion and Opinion dated June 21, 2023 (BCF Nos. 301, 302), and all parties having consented to the form and entry hereof, Judgment is entered in favor of Plaintiffs Teva Branded Pharmaceutical Products R&D, Inc. and Norton (Waterford) Ltd. (collectively, “Plaintiffs”) and against Defendant Cipla Ltd. (“Cipla”): 1. Cipla’s filing of Abbreviated New Drug Application (“ANDA”) No. 211434 (“Cipla’s ANDA”) infringes claims 1-2
How long did case 2:20-cv-10172 take?
1056 calendar days, from filing on 7 Aug 2020 to closure on 29 June 2023.
Who were the attorneys and the judge in 2:20-cv-10172?
Katelyn O’Reilly, Liza M. Walsh, Selena Miriam Ellis and William T. Walsh are recorded as counsel for plaintiff Teva Pharmaceutical Industries. Gregory D. Miller appears for defendant Cipla.
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