Lawsuit Summary - Millennium Pharmaceuticals vs. Fresenius Kabi

Complaint Type: Patent Infringement

Court: Delaware District Court

Date Filed: Mar 22, 2013

Case Number: 1:13-cv-00467


1.      Millennium Pharmaceuticals, Inc.


1.      Fresenius Kabi USA, LLC

2.      Fresenius Kabi Pharmaceuticals Holding, Inc.

3.      Fresenius Kabi USA, Inc.

The patent information is as below:

Patents Current Assignee[*]

Issued To

Issue Date

Expiration Date[†]





Mar 30, 2004

Jan 25, 2022

Formulation of boronic acid compounds




Mar 30, 2004

Jan 25, 2022

of boronic acid compounds

Assignment Information sourced from MaxVal’s Assignment Database

The parties:
Millennium’s research, development and commercialization activities are focused in two therapeutic areas: oncology and inflammation. Millennium is a wholly owned subsidiary of  Takeda, a Japanese pharmaceutical company.

Fresenius Kabi is focused on the care of critically and chronically ill patients inside and outside the hospital. Its portfolio of products comprises a wide range of IV drugs, infusion therapies, clinical nutrition products as well as related medical devices and blood transfusion technologies.

As in complaint:
Millennium is the exclusive licensee of the above patents to market for use in oncology disease states. Plaintiff
currently holds[‡] approval for Velcade® with the New Drug Application (NDA) no. 21-602 (source: Patent Marker) that is approved by FDA on May, 13, 2003. Defendant with the Abbreviated New Drug  Application (ANDA) no. 205004 also seeks FDA approval to market a generic version of Velcade, which, according to the complaint is covered by the above patents. Velcade® is a cancer chemotherapy drug used to treat certain types of tumors (e.g., multiple myeloma). It blocks certain proteins which help to slow the growth and spread of the cancer.

Other cases:
OthOther recent cases filed by the plaintiff are

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[*] MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.
[†] Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.
[‡] Patent Marker provides an online environment where patentees can virtually mark products and search products for patent-related information.

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Tags: Alerts, Assignment, Database, Estimator, Fresenius, Kabi, Litigation, Marker, Millennium, Patent, More…Pharmaceuticals, Term, Velcade, free, tool


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