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
3 cases as defendant.
Wockhardt USA LLC is the former U.S. generics subsidiary of Wockhardt Ltd, an Indian pharmaceutical and biotechnology company founded in 1967 and headquartered in Mumbai (publicly listed in India; BSE 532300 / NSE WOCKPHARMA). Wockhardt USA was incorporated in Delaware in October 2004 and maintained its commercial headquarters at 20 Waterview Blvd, Parsippany, New Jersey. It sits under Wockhardt Bio AG (Zug, Switzerland), a subsidiary of Wockhardt Ltd. Wockhardt Ltd reported roughly 4,000 employees and revenue in the ₹30–33 billion (~$375–390 million) range in FY2026 results; aggregator figures vary. Wockhardt USA's federal registration lists more than 1,500 employees.
Operations. Wockhardt USA was the group's U.S. generic-drug commercial arm, marketing generic oral solids, liquids, topicals, and injectables, with reported 110-plus FDA ANDA approvals and more than 67 drugs marketed in the U.S. Its sister U.S. manufacturing subsidiary, Morton Grove Pharmaceuticals Inc. (Illinois, acquired 2007), produced oral liquids and topicals for the U.S. market. This is an operating pharmaceutical business, not a patent-assertion entity.
Litigation posture. The tracked data show one case, with Wockhardt USA as defendant and zero as plaintiff — the profile of an operating company defending, not an NPE asserting an acquired portfolio. The single suit is a Hatch-Waxman/ANDA infringement action filed by an innovator, the ordinary defensive posture for a generic manufacturer.
Notable case. Merck Sharp & Dohme Corp. v. Wockhardt Bio AG et al., No. 1:19-cv-00321 (D. Del.), filed February 13, 2019 before Judge Richard G. Andrews, concerned sitagliptin phosphate (Merck's Januvia/Janumet) and U.S. Patents 7,326,708 and 8,414,921, and was coordinated into MDL No. 2902, In re Sitagliptin Phosphate ('708 & '921) Patent Litigation. A consent judgment involving Merck, Wockhardt Bio AG, and Wockhardt USA LLC was entered May 28, 2020. The District of Delaware is the common venue for ANDA cases; this cluster was not filed in the Eastern District of Texas. Separately, Wockhardt disclosed a July 2025 Chapter 7 voluntary liquidation of Wockhardt USA LLC and Morton Grove Pharmaceuticals as it exited the U.S. generics business.
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.