Blue Cross & Blue Shield of Florida, Inc. v. Jazz Pharmaceuticals, Inc.
- Docket:
- 3:23-cv-01453
- Court:
- N.D. Fla.
- Filed:
- 2023-12-11
Xyrem antitrust action; US 7,765,107 is listed among the patents at issue in the narrative.
Defendant
38 cases as defendant.
Company overview. Jazz Pharmaceuticals, Inc. is the principal U.S. operating subsidiary of Jazz Pharmaceuticals plc (Nasdaq: JAZZ), a specialty biopharmaceutical company headquartered at Waterloo Exchange, Dublin 4, Ireland, with U.S. operations including R&D and commercial functions in California and Pennsylvania. The original Jazz Pharmaceuticals was founded in 2003; in 2012 it combined with Azur Pharma, which was renamed Jazz Pharmaceuticals plc and became the parent, with Jazz Pharmaceuticals, Inc. as a wholly owned subsidiary. It is publicly traded on Nasdaq with roughly 2,800–2,900 employees and FY2025 total revenue of about $4.3 billion, per company results.
Products / operations. Jazz develops and commercializes prescription medicines in neuroscience (sleep and epilepsy) and oncology. Key marketed products include Xywav (low-sodium oxybate) for narcolepsy and idiopathic hypersomnia and Xyrem (sodium oxybate); Epidiolex/Epidyolex (cannabidiol) for seizures; and oncology products Rylaze/Enrylaze (asparaginase), Zepzelca (lurbinectedin), Ziihera (zanidatamab-hrii), Defitelio, and Modeyso (dordaviprone), added via the 2025 acquisition of Chimerix. It also earns royalties on authorized generic high-sodium oxybate.
Patent-litigation posture. Jazz is an operating company and an active two-way litigant: 59 tracked cases as plaintiff and 39 as defendant. As plaintiff it enforces its branded patents against generic and competing entrants — most notably a long-running series against Avadel CNS Pharmaceuticals over oxybate distribution/REMS patents for Xyrem and Xywav, filed in the District of Delaware. As defendant it faces payer antitrust and consumer class actions over Xyrem (Blue Cross & Blue Shield of Florida; New York State Teamsters Council Health & Hospital Fund) and Avadel's declaratory-judgment actions. Tracked venues cluster in D. Del., D.N.J., and N.D. Cal. — not the Eastern District of Texas.
Notable context. Prominent dockets include the Jazz–Avadel oxybate patent suits and the Xyrem antitrust litigation, plus a False Claims Act qui tam matter (United States ex rel. Leonardo Sorgi). Jazz has reported settling most major litigation, including Epidiolex ANDA disputes.
Xyrem antitrust action; US 7,765,107 is listed among the patents at issue in the narrative.
Antitrust case citing the '275 patent; Jazz defendants were dismissed with plaintiffs' consent by order around Oct. 1, 2025.
DrugPatentWatch lists the '400 patent in this Avadel matter; the exact case number and whether the '400 patent was actually asserted could not be independently confirmed. It is listed as pending/ongoing.
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.
Avadel's affirmative trade-secrets and inventorship action; Avadel alleged Jazz used confidential information and sought correction of inventorship of certain Jazz patents, including the '782 patent. Dismissed with prejudice on October 27, 2025 pursuant to settlement.
Declaratory-judgment action listing the '219 patent among patents in the case, including 10,272,062; 10,736,866; 10,952,986; 7,851,506; and 8,731,963. Final disposition not confirmed.
Avadel-side Delaware action in which Flamel/Avadel asserted their modified-release GHB patent family, including U.S. 10,272,062 and 10,736,866 (parents of the '986 patent) and U.S. 10,952,986, against Jazz. The case was consolidated and dismissed by order on 2025-10-27 as part of the settlement.
Avadel CNS Pharmaceuticals, LLC filed a case against Jazz Pharmaceuticals, Inc. in the District of Delaware. It was part of the global Jazz-Avadel dispute and was settled in October 2025, with District of Delaware cases terminated 2025-10-27.
Collateral False Claims Act case concerning the '306 patent. Relator alleges Jazz defrauded the PTO in obtaining the '306 patent; the United States and several states declined to intervene, an amended complaint was filed Sept 1, 2024, and Jazz's motion to dismiss was filed Dec 2, 2024, with oral argument Apr 2, 2025.
Antitrust class action in the Xyrem indirect-purchaser litigation. The '730 patent is cited as an Orange Book REMS patent, and the case was consolidated into the In re Xyrem MDL.
Antitrust action filed June 18, 2020, cause 15:15 Antitrust, assigned to Judge Richard G. Seeborg. U.S. 8,589,182 is listed among the patents cited/at issue.
Antitrust/pay-for-delay class action listing U.S. 7,895,059 among the Orange Book patents at issue. Filed June 18, 2020.
Xyrem antitrust class action related to the Xyrem MDL; US 7,765,107 is listed among the patents at issue in the narrative.
Antitrust class action, not patent infringement, in the Xyrem/Xywav pay-for-delay litigation. The complaint lists the '426 patent among the patents at issue in Jazz's Orange Book/patent-settlement conduct.
Class action antitrust case citing the '275 patent as part of an alleged Orange Book scheme; consolidated in the N.D. Cal. Xyrem antitrust proceeding before Judge Seeborg.
Antitrust action by New York State Teamsters Council Health & Hospital Fund against Jazz, with Roxane named as a party; consolidated into/related to the Xyrem MDL.
Antitrust/consumer class action alleging pay-for-delay. The complaint lists US 7,851,506 among the patents at issue; defendants include Roxane Laboratories, Inc.
Inter partes review of U.S. 8,731,963. The Board held claims 24, 26, and 27 unpatentable on obviousness and on-sale/public-disclosure grounds relating to the Xyrem REMS. Related appeal No. 2017-1671 settled during appeal.
Inter partes review of US 7,668,730 filed by Wockhardt Bio AG. The proceeding was instituted on Oct. 30, 2015, and reached a Final Written Decision; the latest docket entry noted was July 27, 2016.
Inter partes review of U.S. 8,589,182. Wockhardt Bio AG challenged the patent, but the proceeding was terminated on July 27, 2016 after the parties settled.
Wockhardt Bio AG filed an inter partes review against Jazz Pharmaceuticals on the '988 patent. The PTAB instituted the proceeding on October 30, 2015 and joined it with IPR2015-00551, so it was governed by the '551 final written decision.
Inter partes review petition filed by Wockhardt Bio AG (et al.) against Jazz Pharmaceuticals. After joinder, Wockhardt terminated May 5, 2016, and the proceeding terminated July 27, 2016 by the final written decision in IPR2015-00548.
Inter partes review petitioned by Wockhardt Bio AG et al. against Jazz Pharmaceuticals, Inc., joined/consolidated with IPR2015-00547. Proceedings terminated as to Wockhardt Bio AG on May 5, 2016 after a confidential settlement, with Final Written Decision on July 27, 2016 in the consolidated proceeding.
Wockhardt Bio AG filed an IPR against Jazz on the '106 patent, joined with IPR2015-00546. The proceeding was terminated as to Wockhardt after settlement.
Amneal filed an inter partes review against Jazz Pharmaceuticals on the '988 patent. The PTAB instituted the review and issued a final written decision in 2016 holding claims of the '988 patent unpatentable, as a companion to IPR2015-00551.
Inter partes review petition filed by Amneal Pharmaceuticals LLC against Jazz Pharmaceuticals. It was instituted with joinder and terminated on July 27, 2016, resolved by the final written decision in IPR2015-00548.
Inter partes review petition filed by Coalition for Affordable Drugs III LLC against Jazz Pharmaceuticals. The Board denied institution on October 15, 2015.
Inter partes review of U.S. 8,589,182 B1. The PTAB held all challenged claims unpatentable as obvious over FDA Xyrem advisory-committee materials; rehearing was denied and the decision was affirmed by the Federal Circuit.
Par and Amneal petitioned for inter partes review of the '988 patent. The PTAB instituted the review and issued a final written decision on July 27, 2016 holding claims 1–15 of the '988 patent unpatentable as obvious over the Advisory Committee Art, with Korfhage as to claims 2 and 10.
Inter partes review filed by Par Pharmaceutical, Inc. (et al.) against Jazz Pharmaceuticals. The Board instituted review and issued a final written decision on July 27, 2016 holding all claims of U.S. 7,895,059 unpatentable.
Inter partes review petitioned by Amneal Pharmaceuticals, LLC et al. against Jazz Pharmaceuticals, Inc. The PTAB held all claims of US 7,765,107 unpatentable as obvious in a Final Written Decision on July 27, 2016; Jazz appealed and the Federal Circuit affirmed.
Amneal Pharmaceuticals LLC, joined by Par Pharmaceutical and Wockhardt Bio AG, filed an IPR against Jazz on the '106 patent. The PTAB held all claims unpatentable as obvious; rehearing was denied.
Roxane Laboratories et al. filed a covered business method review against Jazz on the '106 patent. The PTAB did not institute the review.
Cover Business Method review petition filed by Par, Roxane, and Amneal against Jazz Pharmaceuticals. The Board denied institution on January 13, 2015.
Amneal and Par filed a covered business method petition against Jazz Pharmaceuticals regarding the '988 patent in 2014. The PTAB did not institute the petition and denied it on procedural grounds.
Antitrust/pay-for-delay class action listing U.S. 7,895,059 among the Orange Book patents and expiries at issue.
Consolidated Federal Circuit appeal from D. Del. Nos. 1:21-cv-00691-GBW, 1:21-cv-01138-GBW, and 1:21-cv-01594-GBW concerning the permanent injunction in the '782 patent dispute. The Federal Circuit reversed-in-part, vacated-in-part, and remanded on May 6, 2025.
Inter partes review involving the '431 patent. The petitioner was listed only as 'Unified Patents PTAB Data'; respondent/patent owner Jazz Pharmaceuticals. The proceeding terminated by settlement.