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MDL No. 2902 centralizing 14 actions (13 in D. Del. and 1 in N.D. W. Va.) for coordinated litigation involving U.S. Patent Nos. 7,326,708 and 8,414,921. The court issued claim construction on Nov. 17, 2020.
Action asserting the '708 patent against Alvogen entities; resolved by consent judgment/settlement.
Action asserting the '708 patent; settled. Anchen/Par participated in Markman; Par separately filed a declaratory judgment action.
Action asserting the '708 patent; resolved by settlement/consent judgment.
Action asserting the '708 patent; resolved by settlement/consent judgment.
Settled Dec. 2022; dismissal without prejudice permitted Zydus to seek approval of a non-automatically substitutable product with a different sitagliptin form.
Action asserting the '708 patent; settled.
Action asserting the '708 patent; settled. Teva/Watson nonetheless petitioned for IPR.
Action asserting the '708 patent; settled. Teva/Watson separately petitioned for IPR.
Action asserting the '708 patent; settled.
Action asserting the '708 patent; settled.
Action asserting the '708 patent; settled.
Action asserting the '708 patent; settled.
Action asserting the '708 patent; settled.
Voluntarily dismissed without prejudice by stipulation; parallel action proceeded in N.D. W. Va.
Second action against Lupin asserting the '708 patent; settled.
Action asserting the '708 patent; settled.
Action asserting the '708 patent; settled. Dr. Reddy's also petitioned for IPR.
Action asserting the '708 patent; settled.
Settled by consent judgment; unless specifically authorized under the settlement agreement, Annora is enjoined from infringing the patent-in-suit.
Settled by consent judgment; unless authorized by the settlement agreement, MSN is enjoined from infringing the '708 patent, and all claims, counterclaims, affirmative defenses, and demands were dismissed with prejudice.
Listed by Google Patents litigation panel for US 7,326,708 as a D. Del. docket; no party names or disposition provided in narrative.
D. Del. action in which Dr. Reddy's answer admits on its face that the '708 patent is asserted.
Complaint expressly pleads infringement of the '708 patent arising from ANDA No. 216886 (generic JANUVIA) and Prinston's notice letter dated July 1, 2022; settled.
Merits action asserting '708 claim 3 for infringement and challenging claims 1, 2, 3, and 19 for validity. After a five-day bench trial, the court found Mylan's ANDA products infringe claim 3 (Doc. 204, Oct. 26, 2022); Mylan appealed.
Declaratory judgment action seeking a declaration that the claims of the '708 patent are invalid; Par's ANDA product is generic JANUMET XR (NDA No. 202270). Settled.
Inter partes review petition filed Oct. 30, 2019 and instituted May 12, 2020. Final Written Decision on May 7, 2021 found no challenged claims (1–4, 17, 19, 21–23) unpatentable. Dr. Reddy's joined via IPR2020-01060 and Sun via IPR2020-01072.
Inter partes review petition by Teva and Watson (RPIs include Teva Pharmaceutical Industries, Ltd.) against the '708 patent. FWD listed by aggregators; Board reasoning echoed IPR2020-00040.
Joinder to IPR2020-00040.
Joinder to IPR2020-00040.