Litigation

Novartis Pharmaceuticals Corporation v. HEC Pharm Co., Ltd. et al.

active

1:20-cv-00133

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Court: U.S. District Court, District of Delaware
Filed: 2020-01-28

Patents at issue (2)

Plaintiffs (1)

π Novartis Pharmaceuticals Corporation

Defendants (6)

Summary

Hatch-Waxman/ANDA patent infringement action by Novartis against HEC and related entities concerning generic fingolimod 0.5 mg capsules. Consolidated with 1:21-cv-01530 and 1:23-cv-00026; claim construction was decided on April 6, 2023 and merits briefing was ongoing.

Case overview & background

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Key legal developments & outcome

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Plaintiff representatives

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Defendant representatives

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Record id: 10543179-1-20-cv-00133 · edit in Admin

Further reading

District court vs. PTAB: where to fight a patent challenge
Every defendant who actually fights a patent ends up choosing — sometimes implicitly — between district court invalidity, PTAB IPR, or both in parallel. The trade-offs are not symmetric; the choice often determines the case.
Examples of NPE shell companies: how patent trolls structure their entities
The shell company is the patent troll's signature legal artifact. Knowing the structures lets you read the litigation strategy off the corporate filing.
Finding prior art with free tools: Google Patents, Lens, Espacenet, and more
A serious paid prior-art search costs $5,000 to $20,000. The first 80% of what you'd find is sitting behind free tools — if you know how to drive them.
The Patent Scam (2017): a documentary on the patent troll industry
Most people learn about patent trolls only when they get sued by one. The Patent Scam does the work of making the problem concrete before that happens.
eBay Inc. v. MercExchange (2006)
Pre-eBay, an injunction was a kill switch a patent holder could threaten. Post-eBay, the worst is monetary damages — and for an NPE that wants license fees anyway, the four-factor test usually fails on the irreparable-harm prong.

All resources →