Plaintiff

Children's Medical Center Corp.

2 cases as plaintiff.

Cases
2
Active
0
2 closed
Filed
2007–2008
Top venue
D N J
1 case

Company profile

Company overview. Children's Medical Center Corporation (CMCC) is a not-for-profit Massachusetts corporation headquartered at 300 Longwood Avenue, Boston, MA. It is the corporate parent and sole corporate member of The Children's Hospital Corporation, which does business as Boston Children's Hospital, along with other affiliates; CMCC itself is described in its audited financial statements as "CMCC, d/b/a Boston Children's Hospital." The hospital traces its founding to 1869. It is a 501(c)(3) charity with no public equity. Scale is large for a pediatric institution: FY2025 consolidated operating revenue was roughly $3.66 billion, and the hospital subsidiary reported about 17,800 employees on its FY2024 Form 990. (Entities with similar names, such as Children's Health in Dallas, are unrelated.)

Operations. CMCC is not a commercial manufacturer. Its operating activity is pediatric patient care, biomedical research, medical education and technology transfer — Boston Children's Hospital is the primary pediatric teaching affiliate of Harvard Medical School. Revenue comes from patient services, research grants, and philanthropy; intellectual property arising from hospital laboratories is licensed to industry through its technology-transfer office.

Patent-litigation posture. The case data show one tracked case, as a plaintiff, and zero as a defendant. That profile is atypical for an NPE and atypical for a product company: CMCC is a research institution appearing as a co-plaintiff patent owner alongside its exclusive licensee. It is not an active or repeat litigant, and there is no Eastern District of Texas activity — the single suit was filed in the District of New Jersey.

Notable case. Celgene Corp. et al. v. Barr Laboratories, Inc., No. 2:07-cv-00286 (D.N.J., filed January 2007), was a Hatch-Waxman action in which Celgene, as exclusive licensee, and CMCC, as assignee, asserted U.S. Patents 5,629,327 and 6,235,756 — Robert D'Amato's "methods and compositions for inhibition of angiogenesis" patents covering thalidomide (Thalomid) — against Barr's generic thalidomide ANDA. Barr counterclaimed for inequitable conduct, monopolization and sham litigation; it withdrew its ANDA in 2010. CMCC's D'Amato portfolio was licensed to Celgene under a 2002 three-way agreement with EntreMed and later figured prominently in unrelated antitrust litigation over Revlimid and Pomalyst.

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Celgene Corporation et al. v. Barr Laboratories, Inc.

dismissed
Docket:
2:08-cv-03357
Filed:
2008-07-03
Terminated:
2010-05-21

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 Corp. et al. v. Barr Laboratories, Inc.

dismissed
Docket:
2:07-cv-00286
Court:
D.N.J.
Filed:
2007-01-18
Terminated:
2010-05-26

Celgene Corp. and Children's Medical Center Corp. sued Barr Laboratories over thalidomide ANDA; the '784 patent was among the patents-in-suit. The case was dismissed after Barr withdrew its ANDA, with Barr's antitrust counterclaims dismissed with prejudice and patent claims dismissed without prejudice.