Plaintiff

Roche Palo Alto LLC

15 cases as plaintiff.

Cases
15
Active
0
15 closed
Filed
2011–2016
Top venue
D. New Jersey
5 cases
Also appears as a defendant in 1 case → View as defendant

Company profile

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Roche Palo Alto LLC is a wholly owned subsidiary of Roche Holdings, Inc.; its ultimate parent is Roche Holding Ltd., the Basel-based pharmaceutical group traded on the Swiss exchange (SIX: ROG). Its registered address is 3431 Hillview Avenue, Palo Alto, California. The entity traces to Syntex Corp. / Syntex (U.S.A.) LLC, the Palo Alto pharmaceutical and diagnostics company Roche acquired in 1994 and renamed Roche Bioscience in 1995 before it later took the Roche Palo Alto name. Roche confirmed in September 2008 that it would close the roughly 1-million-square-foot Palo Alto campus — then about 1,000 employees — in connection with its Genentech acquisition, relocating inflammation work to New Jersey and virology work to South San Francisco. Roche does not publish standalone headcount or revenue for this subsidiary.

Operations: The Palo Alto site was a drug-discovery and development organization focused on inflammation, viral diseases (including HCV/HIV), and related therapeutic areas. It had no independent commercial product line of its own; commercialization of relevant products runs through Roche and licensing partners such as Helsinn and Eisai.

Litigation posture: All five tracked cases are as plaintiff and none as defendant — the profile of a patent owner enforcing IP, not a defensive target or an NPE. Every tracked suit is a Hatch-Waxman action (ANDA or 505(b)(2) filings) brought jointly with Helsinn Healthcare S.A., asserting Orange Book-listed palonosetron formulation patents covering Aloxi (palonosetron HCl injection). Venues are D.N.J. and D. Delaware, not the Eastern District of Texas.

Notable cases: Helsinn Healthcare S.A. et al. v. Dr. Reddy's Laboratories (D.N.J., 2011); v. Cipla (D. Del., 2013); v. Mylan Institutional (D. Del., 2014); and v. Hospira (D. Del., 2015), plus an untitled 2013 D. Del. case. Roche Palo Alto is a co-assignee on patents in the family, including U.S. 7,947,724; 7,947,725; 7,960,424; 8,518,981; 8,598,219; and 8,729,094. In the Teva appeal (Fed. Cir. 2016-1284), Roche Palo Alto assigned its rights in the appealed patents to Helsinn and withdrew as a party; the Federal Circuit later reversed the district court's judgment. Patent-office records list continued Roche Palo Alto assignment activity in later years.

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Filing activity

2011: 1 case'11'122013: 2 cases'132014: 2 cases'142015: 5 cases5'152016: 1 case'16
Cases filed per year with Roche Palo Alto LLC as plaintiff.

Helsinn Healthcare S.A. et al. v. Dr. Reddy's Laboratories, Ltd. et al.

disposition unknown
Docket:
3:15-cv-08662
Filed:
2015-12-15
Patents:9173942

DRL's 505(b)(2) NDA No. 203050 for generic palonosetron injection led to this D.N.J. action, which the PTAB identified as the district-court assertion of U.S. Patent 9,173,942. The narrative confirms the filing and '942 assertion but could not independently confirm the final disposition.

Helsinn Healthcare S.A. et al. v. Qilu Pharmaceutical Co., Ltd. et al.

closed/dismissed
Docket:
15-cv-08132
Filed:
2015-11-17

Helsinn and Roche filed a patent-infringement action against Qilu in D.N.J. after Qilu's Paragraph IV letter regarding the '905 patent. The case was closed/dismissed, but the narrative notes uncertainty whether the '905 patent itself was pleaded; FDA's tentative-approval letter described the Qilu litigation as asserting the '724, '094, '980, and '942 patents instead.

Helsinn Healthcare S.A. et al. v. Fresenius Kabi USA, LLC

voluntarily dismissed without prejudice
Docket:
1:15-cv-00918
Filed:
2015-10-13
Terminated:
2015-12-01

Helsinn and Roche asserted U.S. Patents 7,947,724; 8,518,981; 8,598,218; 9,066,980; and 9,125,905 against Fresenius Kabi in D. Del. based on Fresenius's Notice Letter regarding NDA No. 208109 for palonosetron HCl IV. Helsinn voluntarily dismissed the action without prejudice on 2015-12-01, and it was essentially refiled in New Jersey.

Helsinn Healthcare S.A. et al. v. Teva Pharmaceuticals USA, Inc. et al.

preliminary injunction denied; no final '094-specific judgment confirmed
Docket:
2:14-cv-04274
Filed:
2014-07-07
Patents:8729094

FDA's NDA review document states a lawsuit was filed on July 7, 2014 for patent 8729094. Helsinn sought a preliminary injunction based on claim 4 of the '094 patent, which was denied; Teva later launched generic palonosetron at-risk on 2018-03-23.

Helsinn Healthcare S.A. et al. v. Dr. Reddy's Laboratories, Ltd. et al.

judgment (invalidated on appeal; Supreme Court affirmed)
Docket:
3:11-cv-03962
Filed:
2011-07-08

Consolidated Hatch-Waxman ANDA action in D.N.J. (lead case 3:11-cv-03962, consolidated with 3:11-cv-05579 and 3:13-cv-05815) asserting the '724, '725, '424, and '219 patents. District court found claims valid and infringed, but the Federal Circuit reversed under the on-sale bar and the Supreme Court affirmed invalidity.