Defendant

Barr Laboratories, Inc.

5 cases as defendant.

Cases
5
Active
0
5 closed
Filed
2007–2008
Top venue
D N J
2 cases

Company profile

Barr Laboratories, Inc. was the principal U.S. operating subsidiary of Barr Pharmaceuticals, Inc. (NYSE: BRL), a generic and specialty drug manufacturer founded in 1970 in New York by Edwin A. Cohen. Barr Pharmaceuticals was headquartered in Montvale, New Jersey (with corporate offices at 400 Chestnut Ridge Road, Woodcliff Lake, NJ), operated in roughly 30 countries, and reported 2007 revenue of about $2.5 billion (Wikipedia; Barr SEC filings). On December 23, 2008, Teva Pharmaceutical Industries Ltd. acquired Barr Pharmaceuticals for approximately $7.5 billion in cash and stock, after FTC and European Commission consent orders required divestitures of overlapping generics (FTC; Teva press releases). Barr Laboratories now operates within Teva; filings reference Teva Pharmaceuticals as an alternate name.

Products and operations: Barr developed, manufactured, and marketed generic pharmaceuticals, biopharmaceuticals, and active pharmaceutical ingredients. Roughly 75% of revenue came from generics, with a substantial women's-health franchise (oral contraceptives, emergency contraception) held through subsidiary Duramed Pharmaceuticals, plus branded/specialty products and API supply. The 2008 FTC review identified Barr as a supplier of generic tetracycline HCl, tamoxifen citrate, cyclosporine, deferoxamine, mirtazapine ODT, and 13 oral-contraceptive markets, among others.

Litigation posture: An operating company, not a patent assertion entity. In the tracked data Barr appears once, as a defendant (0 plaintiff, 0 other), consistent with a generic manufacturer being sued by brand holders under Hatch-Waxman. The lone tracked case sits in D.N.J., not a plaintiff-friendly NPE venue.

Notable case: Celgene Corp. et al. v. Barr Laboratories, Inc., No. 2:07-cv-00286 (D.N.J., filed Jan. 18, 2007), a Paragraph IV patent suit arising from Barr's ANDA for generic thalidomide (Thalomid). The filing triggered a 30-month FDA stay; the parties litigated into 2010 and the case was dismissed by stipulation in May 2010 after Barr/Teva withdrew the ANDA, citing lack of commercial viability. Later purchaser antitrust complaints (e.g., In re Revlimid & Thalomid Purchaser Antitrust Litigation) cite this suit among alleged sham-litigation and reverse-payment conduct; those are allegations, not adjudicated findings.

Filing activity

2007: 4 cases4'072008: 1 case'08
Cases filed per year naming Barr Laboratories, Inc. as defendant.

Celgene Corporation et al. v. Barr Laboratories, Inc.

dismissed
Docket:
2:08-cv-03357
Filed:
2008-07-03
Terminated:
2010-05-21

Action identified as one of six district-court actions relating to the '501 patent, consolidated with the Barr actions and dismissed without prejudice on May 21, 2010. Whether the '018 patent was separately asserted in this action is unconfirmed.

Celgene Corp. v. Barr Laboratories, Inc.

dismissed without prejudice
Docket:
2:07-cv-04050
Court:
D.N.J.
Filed:
2007-08-23
Terminated:
2010-05-21
Patents:7230012

Celgene sued Barr Laboratories and others, asserting U.S. Patent 7,230,012 after Barr amended its ANDA to include a paragraph IV certification. The case was consolidated with 07-286, 07-5458, and 08-3357, and all claims/counterclaims were dismissed without prejudice by stipulation filed 2010-05-21.

Celgene Corporation v. Barr Laboratories, Inc.

unconfirmed
Docket:
2:07-cv-04050
Filed:
2007-08-23

Celgene's Hatch-Waxman ANDA suit against Barr Laboratories, filed in D.N.J. The narrative lists it among verified litigation naming US 6,869,399, and notes that the Barr and Lannett suits asserted a bundle of Celgene thalidomide patents including '501, '720, '977, and '784. The outcome on the '399 patent is unconfirmed.

Celgene Corp. et al. v. Barr Laboratories, Inc.

dismissed
Docket:
2:07-cv-00286
Court:
D.N.J.
Filed:
2007-01-18
Terminated:
2010-05-26

Celgene Corp. and Children's Medical Center Corp. sued Barr Laboratories over thalidomide ANDA; the '784 patent was among the patents-in-suit. The case was dismissed after Barr withdrew its ANDA, with Barr's antitrust counterclaims dismissed with prejudice and patent claims dismissed without prejudice.

Celgene Corporation v. Barr Laboratories, Inc. et al.

dismissed
Docket:
2:07-cv-00286
Filed:
2007-01-18
Terminated:
2010-05-21
Patents:7435745

Hatch-Waxman litigation concerning Barr's thalidomide ANDA for generic Thalomid. The '745 patent issued after the complaint was filed and is associated with this case on Google Patents, but the narrative could not confirm it was directly asserted; the case was dismissed on May 21, 2010, after Barr withdrew its ANDA, with Barr's counterclaims dismissed with prejudice.