Litigation

Avadel CNS Pharmaceuticals, LLC et al. v. Jazz Pharmaceuticals, Inc. et al.

dismissed with prejudice (settled)

1:22-cv-00487-GBW

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Court: U.S. District Court for the District of Delaware
Filed: 2022-04-14
Terminated: 2025-10-27

Patents at issue (1)

Plaintiffs (2)

Defendants (2)

Summary

Avadel's action against Jazz alleging breach of confidentiality agreements, trade-secret misappropriation, correction of inventorship under 35 U.S.C. § 256, and antitrust counterclaims, relating to subject matter Avadel alleges Jazz copied into its patents including the '488 patent. Jazz's motion to dismiss and motions to stay were denied. Resolved by the October 2025 global settlement and dismissed with prejudice.

Case overview & background

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Plaintiff representatives

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Record id: 10758488-1-22-cv-00487-gbw · edit in Admin

Further reading

The patent litigation lifecycle
Most patent cases never reach trial. A defendant who understands the lifecycle makes better decisions about when to fight, when to settle, and when to invest in IPR — instead of overspending on whatever phase they happen to be in.
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (2002)
Narrow your claim during prosecution and you presumptively give up the equivalents in between. The presumption is rebuttable, but in practice the prosecution history is a defendant's gold mine.
Cost of Inter Partes Review (IPR): a 2026 breakdown
An IPR ends most cases when the prior art is real. The all-in cost is roughly a tenth of full litigation — but only if you stage it right.
Joint defense groups: economics, formation, and the privilege framework
An NPE sues twenty defendants on one patent. Solo, each faces $3-5M in defense costs. Pooled into a joint defense group, the per-defendant number drops to $200-500K. The economics only work if the privilege framework is set up correctly.
What patent litigation actually costs (AIPLA Economic Survey)
It costs a few hundred dollars to file a patent complaint and a median of $1.5M-$3.2M to defend one through trial. That gap isn't a side effect of patent litigation — for a troll, it is the entire business model.

All resources →