Jazz Pharmaceuticals, Inc. v. Mallinckrodt PLC
terminated- Docket:
- 2:18-cv-00029
- Court:
- D.N.J.
- Filed:
- 2018-01-01
- Terminated:
- 2018-06-15
Terminated June 15, 2018.
Defendant
1 case as defendant.
Mallinckrodt plc — commonly "Mallinckrodt" — is an Irish-incorporated specialty pharmaceutical company. Its legal predecessor was founded in St. Louis in 1867; the current entity was incorporated in Ireland on January 9, 2013 to hold Covidien's pharmaceuticals business and spun off as an independent NYSE-listed company (ticker MNK) on June 28, 2013. Headquarters are in Blanchardstown, Dublin, with major U.S. offices in Hazelwood, Missouri and Bridgewater, New Jersey. It is publicly traded but creditor-controlled: after a second Chapter 11 (filed August 2023, emerged November 14, 2023) ownership passed to creditors and all pre-emergence shares were extinguished; it previously emerged from a first Chapter 11 in June 2022. Roughly 2,700 employees; fiscal 2023 net sales were about $1.87 billion.
Operations. Mallinckrodt reports two segments. Specialty Brands markets branded drugs and therapies, including Acthar Gel (repository corticotropin injection), INOmax (inhaled nitric oxide for neonatal care), Terlivaz (terlipressin), Amitiza, StrataGraft and the Therakos photopheresis platform (a divestiture process for Therakos was underway in 2024). Specialty Generics makes niche generic drugs and active pharmaceutical ingredients, with U.S. manufacturing sites. It is unambiguously an operating company, not a shell or licensor.
Litigation posture. The tracked data shows one case, in which Mallinckrodt is the defendant and has never appeared as plaintiff. That pattern — zero plaintiff suits, one defensive suit — is consistent with an operating company being sued, not with a patent assertion entity. The single case is a Hatch-Waxman ANDA dispute rather than an NPE assertion.
Notable case. Jazz Pharmaceuticals, Inc. v. Mallinckrodt PLC (D.N.J., 2018) concerned Jazz's Xyrem (sodium oxybate) patents and Mallinckrodt's generic sodium oxybate ANDA (No. 210936); Jazz named Mallinckrodt plc, Mallinckrodt Inc. and Mallinckrodt LLC. Jazz's own filings describe Mallinckrodt as the "most recent ANDA filer" in its Xyrem litigation. The Xyrem patents were also the subject of parallel IPR/antitrust proceedings involving other generics; the merits of Mallinckrodt's case are outside this profile.
Sources: Mallinckrodt SEC filings/10-K (2023), Mallinckrodt press releases, Jazz Pharmaceuticals investor filings, D.N.J. complaint records, Wikipedia.