Merck Sharp & Dohme Corp. v. Wockhardt Bio AG et al.
settled- Docket:
- 1:19-cv-00321-RGA
- Filed:
- 2019-02-13
Action asserting the '708 patent; settled.
Defendant
7 cases as defendant.
I'll research this company before writing the profile.
Company overview. Wockhardt Bio AG is a Swiss pharmaceutical company headquartered at Grafenauweg 6, 6300 Zug, Switzerland. It was entered in the Swiss commercial register in October 2005 as Wockhardt EU Operations (Swiss) AG and later renamed Wockhardt Bio AG (registry records show the new name from around 2012). Its shares were formerly listed on BX Swiss (SBX: WBIO) but were delisted effective 31 August 2023. It is a majority-owned subsidiary of Wockhardt Limited, the Mumbai-based listed pharmaceutical group (NSE/BSE: WOCKPHARMA); Wockhardt Ltd held 85.85% as of FY2016-17, and a 2019 Delaware disclosure statement identified Wockhardt Ltd as its corporate parent.
Operations. It functions as the Wockhardt group's Swiss operating/principal company for international business. Its registered purpose covers management, production, trade, R&D, financial services, and acquiring, managing and licensing patents, trademarks and technical know-how. Its audited Swiss statutory accounts for FY2023/24 report revenue of CHF 110.0 million, net profit of CHF 11.8 million and total assets of CHF 429 million, with licences, trademarks and capitalized development work among its assets. It files its own US ANDAs (for example ANDA No. 20-5607, aripiprazole tablets) and hosts group NCE development programmes. Parent Wockhardt Ltd, founded in 1967, makes formulations, biopharmaceuticals, APIs, vaccines and nutrition products and also runs super-specialty hospitals; public sources put group headcount in roughly the 2,300–4,100 range and FY2025 revenue near US$375–387 million.
Patent-litigation posture. Our database tracks a single matter, with Wockhardt Bio AG appearing only as a defendant — a Hatch-Waxman ANDA case, not a patent-assertion suit. It is an operating generic/branded pharmaceutical manufacturer defending brand-holder infringement claims, and it has also acted as a PTAB petitioner. It is not a non-practicing entity, and the case sits in the District of Delaware rather than a plaintiff-friendly venue such as the Eastern District of Texas.
Notable case. Merck Sharp & Dohme Corp. v. Wockhardt Bio AG and Wockhardt USA LLC, No. 1:19-cv-00321 (D. Del., filed 13 Feb 2019, Judge Richard G. Andrews), was consolidated into MDL No. 2902, In re Sitagliptin Phosphate ('708 & '921) Patent Litigation. Merck alleged infringement by Wockhardt's ANDA for generic sitagliptin (Januvia/Janumet); Wockhardt answered with counterclaims, and a consent judgment was entered 28 May 2020. Wockhardt Bio AG has separately filed IPRs (e.g., IPR2015-01820 against Jazz Pharmaceuticals).
Action asserting the '708 patent; settled.
Jazz Pharmaceuticals and Jazz Pharmaceuticals Ireland sued Wockhardt entities in D.N.J. over ANDA No. 207526. Wockhardt filed counterclaims for declaratory judgment of invalidity/non-infringement of the '988 patent and others, and later settled before the Federal Circuit decision.
Resolved by a stipulation/consent judgment of dismissal. Wockhardt admitted the ANDA filing was a technical act of infringement of the asserted patents, expressly including 8,772,306, and was enjoined except as permitted by the April 18, 2016 license agreement.
Jazz sued Wockhardt entities in D.N.J. involving the '106 patent. The case was closed, settled, and Wockhardt was later terminated from the related IPR.
D.N.J. Hatch-Waxman/ANDA litigation over Xyrem. Jazz's mandatory notices in IPR2015-01903 identify the '963 patent as asserted in this action.
Hatch-Waxman ANDA suit listed as related litigation involving Jazz Pharmaceuticals and Wockhardt Bio AG. Wockhardt's paragraph IV notices were dated June 5, 2015 and November 24, 2015.
Filed after Wockhardt's June 8, 2015 Paragraph IV notice; settled.