Merck Sharp & Dohme Corp. v. Anchen Pharmaceuticals, Inc. et al.
settled- Docket:
- 1:19-cv-00311-RGA
- Filed:
- 2019-02-13
Action asserting the '708 patent; settled. Anchen/Par participated in Markman; Par separately filed a declaratory judgment action.
Defendant
2 cases as defendant.
Company overview. Anchen Pharmaceuticals, Inc. is a California corporation headquartered at 9601 Jeronimo Road, Irvine, California. It was founded in 2002 by Chih-Ming Chen (a co-founder of Andrx Corp.) as a privately held specialty pharmaceutical developer; some databases list a 2004 incorporation date. In November 2011, Par Pharmaceutical Companies (then NYSE: PRX) acquired Anchen for $410 million. Par was itself acquired by Endo International plc in 2015, and Anchen operates as a wholly owned Endo subsidiary (held through Anchen Incorporated). Endo and Anchen entities filed for Chapter 11 in 2022 and Endo emerged as a private company in 2024. Anchen reported roughly 200–220 employees and more than 72,000 sq ft of Irvine manufacturing/warehouse space at the time of the 2011 acquisition; current headcount and revenue are not publicly disclosed.
Products / operations. Anchen is an operating generics developer and manufacturer, not an NPE. It focuses on extended-release and other "niche," higher-barrier generic products and filed abbreviated new drug applications (ANDAs) with FDA paragraph IV certifications. At acquisition it had five marketed products — including generic Wellbutrin XL (bupropion ER) and a generic Cipro — 27 ANDAs on file (five considered first-to-file) and about 26 products in development. Later FDA approvals include clonidine hydrochloride extended-release tablets (2013). It also has/had parallel development and manufacturing operations in Taiwan.
Patent-litigation posture. The tracked data show Anchen as a defendant only (0 plaintiff cases, 1 defendant case): a classic operating-company profile. The single tracked suit is a Hatch-Waxman ANDA action filed by a brand manufacturer, not an NPE assertion. The venue is the District of Delaware — the dominant venue for ANDA/paragraph IV litigation — not a plaintiff-friendly NPE district such as the Eastern District of Texas.
Notable case. Merck Sharp & Dohme Corp. v. Anchen Pharmaceuticals, Inc. et al., No. 1:19-cv-00311 (D. Del., filed Feb. 13, 2019), named Anchen and Par Pharmaceutical as defendants and was consolidated into In re Sitagliptin Patent Litigation, MDL No. 19-2902. Merck asserted U.S. Patent 7,326,708 (sitagliptin phosphate salt, listed for Janumet XR) against Anchen's ANDA No. 204144. A consent judgment and injunction were entered in March 2021. Anchen has historically faced similar paragraph IV suits from brand owners, including Abbott (Zemplar) and AstraZeneca (quetiapine ER).
Action asserting the '708 patent; settled. Anchen/Par participated in Markman; Par separately filed a declaratory judgment action.
ANDA litigation filed by Merck in D. Del.; later folded into MDL 2902. The court issued a Markman opinion on November 17, 2020 (D.I. 135) construing claim 1 of the '921 patent.