Merck Sharp & Dohme Corp. v. Alvogen Pine Brook LLC et al.
settled- Docket:
- 1:19-cv-00310-RGA
- Filed:
- 2019-02-13
Action asserting the '708 patent against Alvogen entities; resolved by consent judgment/settlement.
Defendant
1 case as defendant.
Company overview. Alvogen Luxembourg refers to Alvogen Lux Holdings S.à r.l., the Luxembourg-domiciled holding entity of the Alvogen group (registered in Luxembourg; Alvogen Lux Holdings S.à r.l., RCS Luxembourg B 149045, listed at 5 rue Heienhaff, Senningerberg). Alvogen was founded in 2009 by Icelandic entrepreneur Róbert Wessman. It is a private company: since 2015 the group has been majority-owned by CVC Capital Partners and Singapore's Temasek Holdings. Operational headquarters for the US business have been reported in Pine Brook / Morristown, New Jersey. Publicly reported size figures vary by source and year: Wikipedia cites roughly $1.1 billion revenue and about 2,800 employees for 2017, when the group had a presence across some 35 countries; the group has since divested much of its international footprint (Central and Eastern Europe sold to Zentiva in 2019; Lotus and Adalvo spun off), so current headcount and revenue are materially smaller and not reliably disclosed.
Products / operations. Alvogen is an operating generic-pharmaceutical company — not an NPE. It develops, manufactures and markets generic, branded-generic, over-the-counter (OTC) and biosimilar products, with a stated focus on difficult-to-manufacture, injectable and inhaled dosage forms, and therapeutic areas including oncology, cardiology, respiratory, neurology and gastroenterology. Its US manufacturing base traces to Norwich Pharmaceuticals in Norwich, New York; the company also markets an injectables line. It was the original investor in biosimilars developer Alvotech.
Litigation posture. With one tracked case and zero as plaintiff, Alvogen Luxembourg appears as a defendant — consistent with a generics manufacturer defending Hatch-Waxman (ANDA) suits brought by brand-name patent owners. The venue is the U.S. District Court for the District of Delaware, a common forum for paragraph IV pharmaceutical litigation, not an NPE-favored venue.
Notable case. Merck Sharp & Dohme Corp. v. Alvogen Pine Brook LLC et al., C.A. No. 1:19-cv-00310-RGA (D. Del., filed Feb. 13, 2019), asserted U.S. Patent No. 7,326,708 against Alvogen's ANDA No. 205341 covering a sitagliptin phosphate product (Merck's Janumet XR). The case was consolidated into In re Sitagliptin Phosphate ('708 & '921) Patent Litigation, MDL No. 19-2902, and resolved by a July 2020 consent judgment and injunction.
Action asserting the '708 patent against Alvogen entities; resolved by consent judgment/settlement.