Infringement action filed 3 Jun 2022 in the United States District Court for the District of Delaware and closed 1 Dec 2023, with US10646481B2 asserted. Recorded basis of termination: appeal denied.
The present invention relates to pharmaceutical compositions comprising a solid dispersion of N-[2,4-Bis(1,1-dimethylethyl)-5-hydroxyphenyl]-1,4-dihydro-4-oxoquinoline-3-carboxamide, methods of manufacturing pharmaceutical compositions of the present invention, and methods of administering pharmaceutical compositions of the present invention.
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
"Without prejudice to the denials set forth in its Answer to the Complaint, and without admitting any allegations of the Complaint not expressly admitted, Aurobindo asserts the following separate defenses to the Complaint without assuming the burden of proof on any such defense that would otherwise rest on Plaintiff."
Case 1:22-cv-00728 · D. Del. · closed 1 December 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.
1:22-cv-00728 is a patent infringement action brought by Vertex Pharmaceuticals, Inc. against Aurobindo Pharma, Ltd., filed on 3 Jun 2022 in the United States District Court for the District of Delaware. The case closed on 1 December 2023.
Which patent was asserted in 1:22-cv-00728?
US10646481B2 (“Pharmaceutical composition and administrations thereof”), assigned to VERTEX PHARMACEUTICALS INCORPORATED, currently active. The record also lists Pharmaceutical composition and administrations thereof.
How was case 1:22-cv-00728 terminated?
The recorded basis of termination is appeal denied. The termination text reads: "Without prejudice to the denials set forth in its Answer to the Complaint, and without admitting any allegations of the Complaint not expressly admitted, Aurobindo asserts the following separate defenses to the Complaint without assuming the burden of proof on any such defense that would otherwise rest on Plaintiff."
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 1:22-cv-00728 take?
546 calendar days, from filing on 3 Jun 2022 to closure on 1 December 2023.
Who were the attorneys and the judge in 1:22-cv-00728?
Derek James Fahnestock and Jack B. Blumenfeld are recorded as counsel for plaintiff Vertex Pharmaceuticals. Michael P. Hogan, R. Touhey Myer and Timothy H. Kratz appear for defendant Aurobindo Pharma.
Answers reproduce fields from the case record for 1:22-cv-00728 and do not constitute legal advice.Ask your own question
Disclaimer. This page reproduces publicly available court docket data for case 1:22-cv-00728 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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