Defendant

Xavier Becerra

1 case as defendant.

Cases
1
Active
0
1 closed
Filed
2022
Top venue
D. Columbia
1 case

Company profile

Not a company — an individual defendant. "Xavier Becerra" in this database is a person, not a corporate entity: Xavier Becerra (b. 1958, Sacramento, California), a U.S. lawyer and public official. He served as the 25th U.S. Secretary of Health and Human Services (HHS) from March 2021 to January 2025 under President Biden — the first Latino to hold the office — after serving as California Attorney General (2017–2021) and 12 terms in the U.S. House of Representatives. Since leaving HHS he has been a candidate in California's 2026 gubernatorial race. Ownership status, revenue, and ticker are not applicable; he is a government officeholder.

"Operations." In the tracked case he is named solely in his official capacity as HHS Secretary, the office that administers the federal health apparatus: the FDA, CDC, NIH, and CMS, including Medicare, Medicaid, ACA marketplaces, and drug-price negotiation. HHS is the largest federal agency by budget (roughly $1.7 trillion), and Becerra was described in Senate confirmation proceedings as leading it accordingly. He personally manufactures or sells nothing.

Litigation posture. The structured data show 0 cases as plaintiff and 1 as defendant, which is consistent with a public official sued over agency action rather than a patent plaintiff. The sole tracked matter is Avadel CNS Pharmaceuticals, LLC v. Xavier Becerra et al., No. 1:22-cv-02159 (D.D.C., filed July 21, 2022), naming Becerra, HHS, the FDA, and FDA Commissioner Robert Califf. It was an Administrative Procedure Act challenge to an FDA patent-certification decision, not a patent infringement suit. The D.C. district is the default venue for challenges to federal agency action — not a plaintiff-friendly patent venue like the Eastern District of Texas.

Notable context. Avadel sought to compel final approval of LUMRYZ (sodium oxybate) for narcolepsy while a Jazz Pharmaceuticals REMS method-of-use patent ('963) sat in the Orange Book; Judge Amit Mehta granted summary judgment to the federal defendants, directing Avadel to the parallel Delaware patent litigation. A related follow-on, Jazz Pharmaceuticals, Inc. v. Becerra (No. 1:23-cv-01819, D.D.C., 2023), challenged FDA's approval of LUMRYZ over Xywav orphan-drug exclusivity.

Avadel CNS Pharmaceuticals, LLC v. Xavier Becerra et al.

denied Avadel's requested relief
Docket:
1:22-cv-02159
Filed:
2022-07-21
Patents:8731963

APA challenge to FDA's requirement that Avadel certify against U.S. 8,731,963 (REMS patent). Jazz Pharmaceuticals intervened on July 28, 2022, to defend the FDA decision. The D.D.C. denied Avadel's requested relief, holding Avadel had an adequate remedy at law via its delisting counterclaim in the Delaware action.