Celgene Corporation v. Oncogen Pharma (Malaysia) Sdn. Bhd.
- Docket:
- 2:22-cv-02952
- Filed:
- 2022-05-20
Patent infringement action listed for U.S. Patent No. 7,968,569.
Plaintiff
71 cases as plaintiff.
Celgene Corporation is a US biopharmaceutical company headquartered at 86 Morris Avenue, Summit, New Jersey. Founded in 1986 as a spin-off from Celanese (some sources cite 1980), it was acquired by Bristol-Myers Squibb in November 2019 for roughly $74 billion and is now a wholly owned BMS subsidiary; it no longer trades, having formerly been NASDAQ-listed as CELG. Pre-acquisition, Celgene reported FY2017 revenue of about $13.0 billion with roughly 7,000–7,500 employees.
Celgene discovered, developed, and commercialized therapies for cancer and inflammatory disease. Its major product lines were Revlimid (lenalidomide) and Pomalyst/Imnovid (pomalidomide) for multiple myeloma and related blood cancers; Abraxane (paclitaxel protein-bound) for breast, lung, and pancreatic cancer; Thalomid (thalidomide); and the immunology drug Otezla (apremilast), which was divested to Amgen in 2019 as a condition of the BMS deal. Older products included Vidaza and Istodax.
Celgene is an operating company and an active two-way patent litigant, consistent with the 48 plaintiff / 24 defendant split in the tracked data. As plaintiff it filed Hatch-Waxman ANDA infringement suits against generic manufacturers — Hikma, Hetero, Lupin, Dr. Reddy's, Mylan, Aurobindo, Alembic, Torrent, Biocon, and Oncogen Pharma — mostly in the District of New Jersey, with appeals to the Federal Circuit. As defendant it faces antitrust and consumer/purchaser claims, largely in the S.D.N.Y. and D.N.J.; nothing in the tracked list clusters in the Eastern District of Texas.
Notable tracked matters include The Cigna Group v. Celgene (S.D.N.Y., 2025), CenterWell Pharmacy v. Celgene (S.D.N.Y., 2024), Walgreen Co. v. Celgene (D.N.J., 2022), and suits by Blue Cross Blue Shield, UnitedHealthcare, and the New York Hotel Trades Council. These actions center on alleged reverse-payment settlements and sham patent litigation concerning Revlimid and Pomalyst — allegations only, not adjudicated findings. Related non-patent litigation includes the CVR breach-of-contract dispute (UMB Bank as Celgene shareholder trustee) over Breyanzi approval timing.
Patent infringement action listed for U.S. Patent No. 7,968,569.
Patent infringement action listed for U.S. Patent No. 7,968,569.
Patent infringement action listed for U.S. Patent No. 7,968,569.
Patent infringement action listed for U.S. Patent No. 7,968,569.
Celgene sued Hikma Pharmaceuticals USA for ANDA patent infringement in D.N.J., asserting 8,648,095 among other patents. Closed 2022-01-13 after settlement.
Patent infringement action; IPWatchdog filing roundup expressly lists 7,968,569 among the asserted patents.
Hikma answered and counterclaimed on June 22, 2021; the case was later resolved via settlement, with Hikma listed among later-filing generics settling with Celgene. The '498 patent was asserted.
Celgene sued Hikma in D.N.J. over generic lenalidomide. The case is closed; the asserted patents are reported to include the '621 patent.
Celgene sued Hetero entities for ANDA patent infringement in D.N.J. This follow-on to Celgene v. Hetero (2:18-cv-17463) is linked to 8,648,095; consent judgment entered 2021-09-27 with marketing injunction and confidential terms.
Patent infringement action listed for U.S. Patent No. 7,968,569.
Patent infringement action listed for U.S. Patent No. 7,968,569.
One of the March 2020 wave of D.N.J. suits asserting the '939 patent; the defendant is not confirmed in the narrative.
Patent infringement action listed for U.S. Patent No. 7,968,569.
One of the few actions filed outside the District of New Jersey, asserting U.S. Patent No. 7,968,569 against Mylan.
Celgene sued Mylan entities in N.D. West Virginia over generic lenalidomide. The case was resolved by a stipulated consent judgment/injunction on July 23, 2021.
Consent judgment entered July 21/23, 2021, enjoining Mylan from infringing the Patents-in-Suit, including the '498 patent, until expiration and dismissing all claims with prejudice.
Celgene sued Hetero entities in D.N.J. over generic lenalidomide. The docket was administratively terminated and consolidated under 2:20-cv-14389; a consent judgment/injunction was entered on September 27, 2021.
Celgene sued Dr. Reddy's in an ANDA/Hatch-Waxman action concerning pomalidomide (POMALYST®) patents, including U.S. Pat. Nos. 8,198,262; 8,735,428; 8,828,427; and 9,993,467. The narrative states that US3845770 does not appear to have been asserted in this case, despite its association with the patent-page litigation listing. Final judgment was entered on February 23, 2022.
Celgene sued Dr. Reddy's in D.N.J.; the '939 patent was added to the action after issuance, and the case was consolidated with 2:21-cv-02111. Terminated Apr. 6, 2022 per drugpatentwatch.
Patent infringement action listed for U.S. Patent No. 7,968,569.
Celgene sued Cipla and a Cipla USA affiliate in D.N.J. over generic lenalidomide. The asserted patents included '800, '217, '569, '498, '095, '621, '622, '740, '717, and '120; a stipulated consent judgment was entered December 14, 2020. The case number was not confirmed in the sources.
Celgene asserted the unlisted Orange Book patents '357, '219, and '598 against Sun Pharma Global FZE. The court denied Sun's motion to dismiss, holding § 271(e)(2) jurisdiction does not require Orange Book listing or Paragraph IV certification. Consent judgment entered 2021-06-22, enjoining Sun until expiration of patents including the '598.
Celgene filed this D.N.J. action against Synthon (Alvogen) on the '262, '939, '428, '427 and the '647/'648/'649 patents. The docket shows termination on May 13, 2019, indicating dismissal or consolidation.
Hatch-Waxman ANDA infringement action filed by Celgene against Hetero entities; the complaint expressly asserts the '647, '648, and '649 patents. Consolidated with related 2019 cases before Judge Esther Salas / M.J. Michael A. Hammer and docket shows termination Oct. 28, 2020.
Hatch-Waxman ANDA infringement action by Celgene against Aurobindo; consolidated with the 2019 wave and later resolved by a Celgene-Aurobindo settlement in spring 2021.
Hatch-Waxman ANDA action filed by Celgene; defendants not verified (narrative notes likely Breckenridge and/or Natco but not confirmed). Consolidated with the 2019 wave.
Hatch-Waxman ANDA infringement action by Celgene against Apotex; consolidated with the 2019 wave before Judge Esther Salas / M.J. Michael A. Hammer.
Celgene sued Breckenridge (with Natco) in D.N.J. asserting the '647, '648, and '649 patents against a Pomalyst ANDA. The case was resolved via consolidation/settlement; Natco/Breckenridge later settled with agreed generic entry in Q1 2026.
Patent infringement action against Sun Pharmaceutical. DrugPatentWatch lists patents-in-suit as 7,465,800; 7,855,217; 7,968,569. Judge Susan D. Wigenton presided.
Celgene obtained a consent judgment against Lotus and Alvogen in a REVLIMID ANDA case. The Mar. 29, 2019 judgment enjoined defendants from marketing ANDA No. 210480 until expiration of the patents-in-suit, which expressly included U.S. 7,977,357, and dismissed all claims with prejudice under a confidential settlement license.
Celgene sued Lotus and Alvogen over ANDA No. 210480, asserting the '357, '219, and '598 patents. Markman hearings were canceled in 2019, and the docket reflects a judgment/injunction barring marketing. The case is the only '598 case indexed in the Stanford NPE Database and ended in consent judgment/injunction.
Celgene filed a § 271 patent infringement action against Synthon in M.D.N.C. asserting US 8,198,262, 8,673,939, 8,735,428, and 8,828,427. The case was terminated July 25, 2018 by a stipulation of dismissal, described as a parallel/companion filing to the New Jersey action.
Celgene sued Cipla Limited for ANDA patent infringement in D.N.J., asserting 8,648,095. Terminated 2020-06-08 after settlement/dismissal.
Celgene sued Cipla over lenalidomide, and on Apr. 30, 2019 Cipla stipulated it would not contest infringement of the '357, '219, and '598 patents while reserving invalidity. The case was administratively terminated and consolidated into 2:19-cv-14731 on June 8, 2020, and ultimately settled Dec. 11, 2020.
Celgene asserted the '357, '219, and '598 patents against Zydus/Cadila. Assigned to Judge Wigenton. DrugPatentWatch shows the case not terminated as of 2025-10-05; final disposition unconfirmed.
Patent infringement action listed for U.S. Patent No. 7,968,569. The related Lotus/Alvogen dispute was resolved by a 2019 settlement; Lotus/Alvogen also filed IPR2018-01714.
Celgene action against Lotus and Alvogen over lenalidomide ANDA No. 210480. The narrative states the '018 patent was not listed among the patents challenged; the Rule 12(c) challenge involved the REMS patents '720, '977, '784, '886 and '531. The motion for judgment on the pleadings was denied without prejudice on December 14, 2018.
Celgene sued Lotus and Alvogen in D.N.J. over generic lenalidomide. The case resolved by consent judgment on March 29, 2019, with the '621 patent expressly among the patents-in-suit and an injunction barring generic launch until expiry except as licensed.
Celgene sued Lotus/Alvogen; the case was terminated after a March 2019 settlement providing volume-limited entry after March 2022. The '498 patent was among the listed patents.
Celgene patent infringement action in D.N.J.; the narrative states the '262 patent is listed among the patents in this action. Sources conflict on the lead defendant/caption (Hetero vs. Dr. Reddy's), and parties reportedly include Hetero, Aurobindo, and Mylan entities.
Celgene sued Hetero entities; aggregator data lists patent 7,119,106 as involved in this case, but the narrative flags this as unverified and notes the published opinions centered primarily on Pomalyst and later-expiring Revlimid patents rather than the expired '106 patent.
Celgene filed a 35 U.S.C. §271 action against Par Pharmaceutical and others in D.N.J. involving the '428 patent. The case was terminated on Feb. 6, 2019, consistent with the Pomalyst ANDA settlements, though the disposition was not confirmed in the retrieved sources.
Patent infringement action returned by a Docket Alarm search on U.S. Patent No. 7,968,569. Parties and patent list were not independently confirmed.
Celgene sued Zydus/Cadila/Zydus International for patent infringement under 35 U.S.C. § 271(e)(2) in D.N.J. The case asserted multiple lenalidomide patents including 8,648,095. Consent judgment entered 2021-03-24 dismissing with prejudice pursuant to settlement.
Patent infringement action involving ANDA No. 209348; complaint expressly alleged infringement of the '800, '217, '569, '498, '095, '621 and '622 patents. Settled September 17, 2020 with volume-limited license from September 1, 2022 and unlimited from January 31, 2026.
Celgene filed an ANDA patent infringement action against Lannett over generic thalidomide (Lannett ANDA No. 206601), asserting fifteen patents. The parties settled in 2017, with Lannett converting its Paragraph IV certification on the '745 patent to a Paragraph III certification and receiving a license to market generic thalidomide as of August 1, 2019. The narrative could not confirm that U.S. 7,959,566 was among the fifteen asserted patents.
Celgene's Hatch-Waxman ANDA suit against Lannett Holdings, filed in D.N.J. The narrative lists it among verified litigation naming US 6,869,399, and notes that the Barr and Lannett suits asserted a bundle of Celgene thalidomide patents including '501, '720, '977, and '784. The outcome on the '399 patent is unconfirmed.
Celgene's ANDA/paragraph IV case against Lannett over generic thalidomide, in which Celgene asserted fifteen patents. The narrative could not confirm that '018 was among the asserted patents, although it was among Celgene's Orange Book-listed Thalomid patents. The case settled in October 2017 with a license permitting generic entry as of August 1, 2019.
Celgene sued Lannett in an ANDA/Hatch-Waxman case over generic THALOMID; Lannett counterclaimed for monopolization/sham litigation. Google Patents lists US 6,561,976 as involved. Settled.
Patent infringement action against Natco Pharma Limited asserting U.S. Patent No. 7,968,569. The Natco line of cases settled in December 2015 with volume-limited entry from March 2022 and unlimited entry from January 31, 2026.
Celgene asserted U.S. 7,977,357 against Natco, Arrow, and Watson in a REVLIMID ANDA litigation. The case settled and a consent judgment entered Jan. 4, 2016 dismissed claims with prejudice and enjoined Natco from generic lenalidomide except under license. The May 27, 2014 Markman opinion in the Natco litigation also construed 'Form A' for the '357 and '598 patents.
Celgene asserted multiple patents, including the '554 patent, against Natco's lenalidomide ANDA No. 201452. The '554 claims were dismissed without prejudice by stipulation on March 26, 2015; the overall case settled with a consent judgment entered January 4, 2016, and terminated January 5, 2016.
Celgene asserted US 6,561,976 as an asserted 'Celgene Patent' in an ANDA/Hatch-Waxman suit against Natco and others over generic THALOMID/REVLIMID. A May 7, 2014 stipulation recorded Natco's non-contest of infringement of certain claims of the ’976 patent. The case settled, and the docket terminated on Jan. 5, 2016.
Action identified as one of six district-court actions relating to the '501 patent, consolidated with the Barr actions and dismissed without prejudice on May 21, 2010. Whether the '018 patent was separately asserted in this action is unconfirmed.
Celgene's Hatch-Waxman ANDA suit against Barr Laboratories, filed in D.N.J. The narrative lists it among verified litigation naming US 6,869,399, and notes that the Barr and Lannett suits asserted a bundle of Celgene thalidomide patents including '501, '720, '977, and '784. The outcome on the '399 patent is unconfirmed.
Hatch-Waxman litigation concerning Barr's thalidomide ANDA for generic Thalomid. The '745 patent issued after the complaint was filed and is associated with this case on Google Patents, but the narrative could not confirm it was directly asserted; the case was dismissed on May 21, 2010, after Barr withdrew its ANDA, with Barr's counterclaims dismissed with prejudice.
Lead consolidated case for Celgene's pomalidomide ANDA litigation against Hetero; many earlier generic ANDA cases were consolidated into this case.
Celgene's 2018 ANDA infringement case against an unidentified generic pomalidomide filer; consolidated into lead case 17-cv-3387 by Consolidation Order on 2019-01-31.
Celgene's ANDA infringement suit against Apotex; docket shows civil case terminated on 2019-02-08 upon consolidation into lead case 17-cv-3387.
Celgene's 2025 pomalidomide ANDA infringement suit against USV Private Limited; listed as remaining open.
Federal Circuit appeal of the 2:19-cv-05802 venue dismissal; affirmed on Nov. 5, 2021, holding Mylan lacked a regular and established place of business in New Jersey and that the ANDA submission, not the paragraph IV notice letter, is the operative infringing act.
Celgene brought a §271(e)(2) ANDA action against Hetero in D.N.J. regarding the '428 patent. Hetero counterclaimed for declaratory judgment of invalidity/non-infringement of the '428 patent; the court issued a Markman ruling on 'treating multiple myeloma' in the '262, '3,939 and '428 patents, and the case was resolved by settlement.
Later-filed Hetero action in D.N.J. relating to the '428 patent; the narrative states it was resolved/settled.
Hatch-Waxman ANDA action by Celgene against Teva; consolidated with the 2:19-cv-05797/05799/05802 group; later resolved by a Celgene-Teva settlement in March 2021.
Appeal captioned Celgene Corporation v. Mylan Pharmaceuticals Inc.; related to the D.N.J. Mylan venue dismissal and the consolidated 2019 action.
This Dr. Reddy's action was consolidated into 2:19-cv-15343; it is part of the Pomalyst formulation litigation involving the '939 patent.
Celgene sued Lotus Pharmaceutical and Alvogen Pine Brook for ANDA patent infringement in D.N.J. Consent judgment entered 2019-03-29 named 8,648,095 among patents-in-suit, dismissed with prejudice and enjoined Lotus ANDA No. 210480.
Celgene and Sun settled a Hatch-Waxman lenalidomide action in July 2021. The asserted patents identified in the settlement were U.S. 7,977,357, 8,193,219, and 8,431,598, with volume-limited sales after March 2022 and unlimited after Jan. 2026; the Hatch-Waxman actions were dismissed.
Flagged on the Google Patents litigation panel for US 6,561,976; defendant(s) and disposition could not be confirmed, but narrative describes it as almost certainly another 2007 THALOMID/thalidomide ANDA suit.
Part of the Natco lenalidomide litigation family; resolved via the Natco settlement in Dec. 2015. Parties for this docket were inferred and not independently confirmed.
Cipla filed an Answer regarding ANDA No. 214618 for 2.5 mg Revlimid. The '498 patent was among the patents-in-suit per Cipla's answer.