Plaintiff

Adapt Pharma Operations Ltd.

2 cases as plaintiff.

Cases
2
Active
0
2 closed
Filed
—
Top venue
Fed. Cir.
2 cases

Company profile

Adapt Pharma Operations Ltd. — company profile

Adapt Pharma Operations Limited was an Irish specialty pharmaceutical company headquartered at 45 Fitzwilliam Square, Dublin 2 (with a U.S. headquarters in Radnor, Pennsylvania), founded in 2013–2014 by pharma investor Séamus Mulligan and colleagues. It was privately held and operated as a subsidiary within the Adapt Pharma group, alongside Adapt Pharma Limited (Ireland), Adapt Pharma, Inc. (Delaware) and its U.S./Canada commercial arm. Irish accounts for the operating entity reported revenue of about $134.9 million for 2018 and an average headcount of roughly 17, reflecting a small, licensing-and-marketing-driven organization rather than a manufacturer.

Its business was essentially one product. In 2014 Adapt acquired worldwide development and commercialization rights to the nasal naloxone formulation from Opiant Pharmaceuticals' predecessor Lightlake Therapeutics, and in November 2015 obtained FDA approval for NARCAN (naloxone HCl) Nasal Spray 4 mg — the first FDA-approved needle-free intranasal treatment for known or suspected opioid overdose. Adapt distributed NARCAN to first responders, health agencies and retail pharmacies, held the New Drug Application (No. 208411), and had a small early-stage pipeline of other overdose/addiction treatments. In October 2018 Emergent BioSolutions Inc. (NYSE: EBS) acquired Adapt for up to $735 million ($635 million upfront plus up to $100 million in sales milestones); by 2021 the Irish entity was renamed Emergent Operations Ireland Limited.

Patent-litigation posture. Adapt is an operating, product-based company, not a non-practicing entity. Its two tracked appearances are both as plaintiff, both the same Hatch-Waxman dispute against Teva Pharmaceuticals USA, Inc. and Teva Pharmaceuticals Industries, Ltd., litigated in the District of New Jersey (consolidated Nos. 2:16-cv-07721 and related) and appealed to the U.S. Court of Appeals for the Federal Circuit (No. 2020-2106). The zero defendant-side count reflects a brand company enforcing Orange Book-listed formulation/method patents against an ANDA filer, not defending against NPE suits.

Notable case. In Adapt Pharma Operations Ltd. v. Teva Pharmaceuticals USA, Inc., co-plaintiffs included Adapt Pharma, Inc., Adapt Pharma Limited and Opiant Pharmaceuticals. After a two-week bench trial, the district court held the asserted claims of the '747 and '177 patents invalid as obvious; a divided Federal Circuit panel (Judges Prost and Stoll, with Judge Newman dissenting) affirmed on February 10, 2022, rejecting Adapt's objective-indicia arguments including long-felt need and unexpected results. Adapt is not itself identified in public reporting as a party to other tracked patent suits, and no non-practicing-entity designation applies to it.

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Adapt Pharma Operations Ltd. v. Teva Pharmaceuticals USA, Inc.

affirmed
Docket:
20-2106
Terminated:
2022-02-10

Federal Circuit appeal from the D.N.J. Hatch-Waxman decision. The court affirmed the invalidity/obviousness holding on February 10, 2022 (Opinion by Stoll, joined by Prost; Newman dissenting). The narrative notes the appellate opinion discusses the '747 patent and does not confirm the '253 patent's role.