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
14 cases as defendant.
Par Pharmaceutical Inc. is a pharmaceutical company founded in 1978, known for developing, manufacturing, and distributing generic and specialty branded pharmaceuticals. Originally incorporated in New York, its headquarters have historically been in Chestnut Ridge, NY. Since 2015, Par Pharmaceutical has operated as a subsidiary of Endo International plc, which has its U.S. headquarters in Malvern, PA. Endo International plc emerged from Chapter 11 bankruptcy in April 2023 and is now a private company. Par Pharmaceutical Inc. operates with approximately 400 employees and an estimated annual revenue of $260.0 million.
The company's operations focus on generic drug products, including high-barrier-to-entry generics, and sterile injectables under the Par Sterile brand. Its portfolio spans numerous therapeutic areas such as anti-inflammatory, cardiovascular, central nervous system, antihypertensive, and antibiotic drugs. Par Pharmaceutical also manufactures active pharmaceutical ingredients (APIs) and has introduced generic versions of prominent drugs including Entocort EC®, Rythmol SR®, and Vasostrict® (a specialty injectable).
According to the provided tracked case data, Par Pharmaceutical Inc. has appeared in one case as a defendant and zero times as a plaintiff. This single tracked case is Otsuka Pharmaceutical Co. Ltd. v. Par Pharmaceutical Inc., where Par was a defendant in the District of Delaware, initiated in 2013. While this specific data indicates a defensive litigation posture, public records also show Par Pharmaceutical Inc. frequently acts as a plaintiff in Hatch-Waxman patent infringement lawsuits, typically to protect its own drug patents against generic manufacturers seeking to introduce competing products. These cases, like the provided one, often take place in the District of Delaware.
Notable context for Par Pharmaceutical includes its acquisition by Endo International plc for $8.05 billion in 2015, significantly expanding Endo's generics segment. The company was also involved in patent litigation concerning Amitiza, which led to a reverse payment antitrust settlement in 2014, with a subsequent antitrust verdict against Takeda Pharmaceuticals in 2026.
Action asserting the '708 patent; settled. Anchen/Par participated in Markman; Par separately filed a declaratory judgment action.
Hatch-Waxman ANDA litigation. Consolidated for claim construction with 17-cv-03387. Terminated around 2019-02-06.
Celgene filed a 35 U.S.C. §271 action against Par Pharmaceutical and others in D.N.J. involving the '428 patent. The case was terminated on Feb. 6, 2019, consistent with the Pomalyst ANDA settlements, though the disposition was not confirmed in the retrieved sources.
Patent infringement action returned by a Docket Alarm search on U.S. Patent No. 7,968,569. Parties and patent list were not independently confirmed.
D.N.J. case identified through a Docket Alarm patent:(5635517) search as associated with the '517 patent, but the narrative did not retrieve the complaint or judgment to confirm whether the '517 patent was actually asserted or how the case ended.
Jazz Pharmaceuticals sued Par Pharmaceutical in D.N.J. over an ANDA for sodium oxybate oral solution. The case was consolidated with Jazz v. Amneal, No. 2:13-cv-00391, with the '988 patent among the patents-in-suit.
Jazz sued Par Pharmaceutical in D.N.J. involving the '106 patent. The case was closed and later settled, with Amneal/Par authorized generic rights from July 1, 2023.
Jazz asserted seven Xyrem patents, including the '275 patent; Amneal's answer included Count VII: Infringement of the '275 Patent. Consolidated into the D.N.J. Xyrem ANDA proceedings and ultimately resolved by settlement.
ANDA litigation after Par's Paragraph IV notice concerning Xalatan/latanoprost. The District of New Jersey found the '368 patent unenforceable for inequitable conduct but upheld the '504 patent; the Federal Circuit affirmed. Narrative states the patents actually asserted were U.S. 5,422,368 and U.S. 5,296,504, not 6,030,999.
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.
Related appeal from IPR2015-01903 (Jazz/Par appeal). The parties settled during appeal, and on January 9, 2018, Jazz entered a settlement with Par resolving the district court and IPR matters.
Hatch-Waxman ANDA suit filed by Jazz Pharmaceuticals against Par Pharmaceutical. The case was consolidated under 2:13-cv-0391 and settled on January 9, 2018.
Related Par action consolidated into the Jazz v. Amneal '219 patent litigation.
Filed after Par's Nov. 20, 2013 Paragraph IV notice; settled.