Defendant
10 cases as defendant.
Apotex Inc. is a privately held Canadian pharmaceutical company founded in 1974. Headquartered in Toronto, Ontario, it is the largest producer of generic drugs in Canada. As of 2023, the company employed approximately 8,000 people and had annual sales of around CA$3.9 billion. Since April 2023, Apotex has been owned by the private equity firm SK Capital Partners. There have been reports in early 2026 that the company is considering an initial public offering.
Apotex is an operating company that develops, manufactures, and distributes a wide range of pharmaceutical products. Its portfolio includes over 300 generic drugs in thousands of different dosages and formats. The company's products address a variety of health conditions, including cancer, diabetes, cardiovascular disease, and infections. In addition to generic pharmaceuticals, Apotex is also involved in biosimilars, active pharmaceutical ingredients (APIs), and consumer health products. The company exports its products to over 115 countries.
As a major generic drug manufacturer, Apotex is frequently involved in patent litigation, often challenging patents held by brand-name pharmaceutical companies to bring more affordable generic versions of drugs to market. The company's litigation posture is primarily that of an active challenger of existing patents. The single tracked case, where Apotex is the plaintiff, is consistent with this strategy. This case, filed in April 2026 at the Patent Trial and Appeal Board (PTAB), is a proceeding against Soleno Therapeutics Inc. The PTAB is a common venue for generic manufacturers to challenge the validity of patents.
Original complaint asserted '919; plaintiffs ceased asserting the '919 patent against all defendants. The consolidated case was later globally stayed pending IPR appeals on the '947 and '903 patents.
Celgene action against Apotex; settled around 2021 amid allegations of a reverse-payment/profit-share agreement.
Hatch-Waxman ANDA infringement action by Celgene against Apotex; consolidated with the 2019 wave before Judge Esther Salas / M.J. Michael A. Hammer.
Action asserting the '708 patent; resolved by settlement/consent judgment.
ANDA/Hatch-Waxman suit against Apotex asserting the '405 patent; resolved by confidential settlement licensing entry before patent expiry.
Celgene sued Apotex in D.N.J. (2:18-cv-00461), asserting U.S. 7,855,217 as Count VII (ANDA No. 211022). The '217 count was later dismissed, and the case settled on March 8, 2021.
Hatch-Waxman ANDA litigation. The '427 was expressly named among the patents-in-suit, but Celgene withdrew its '427 infringement claims. Consolidated/coordinated for claim construction with 17-cv-03159. Case terminated 2021-08-19.
The court entered judgment entirely in favor of Apotex, declaring claims 17, 19, 20, and 22–27 of the '903 patent (among others) invalid as obvious and dismissing all of Merck's infringement claims.
Consolidated into 22-1365 (except trial). The '919 patent was asserted in the original complaint but dropped; Apotex's ANDA was approved Nov. 24, 2025. The consolidated case involved the '947 and '903 patents.
Celgene's ANDA infringement suit against Apotex; docket shows civil case terminated on 2019-02-08 upon consolidation into lead case 17-cv-3387.