On Thursday, September 26, 2012, Merck Sharp & Dohme (MSD) (plaintiff) recorded a suit against Sandoz (defendant) for patent infringement (case no. 2:12-cv-06077) in the U.S. Court of New Jersey.

Merck is a company that discovers, develops, manufactures and markets innovative products to improve human and animal health, directly and through its joint ventures. Sandoz is a company that develops, manufactures and markets generic drugs as well as pharmaceutical and biotechnological active ingredients.

The patents involved in this suit are currently assigned to MSD and are listed below:

Patent No.

Current Assignee (Source: MaxVal Assignment Database[i])

Issue Date

Expiration Date[ii]

Title

US5846966

MSD

08 Dec 1998

21 Sep 2013

Combinations of hydroxy-substituted azetidinone compounds and HMG CoA Reductase Inhibitors

US7612058

MSD

03 Nov 2009

25 Jan 2022

Methods for inhibiting sterol absorption

RE42461

MSD

14 Jun 2011

14 Jun 2028

Hydroxy-substituted azetidinone compounds useful as hypocholesterolemic agents

US7030106

MSD

18 Apr 2006

25 Jan 2022

Sterol absorption inhibitor compositions

 

According the complaint, plaintiff is the current holder of New Drug Application (NDA) no. 21-445 for Zetia® (source: MaxVal’s Patent Marker) that was approved by FDA on 25 October 2002. Zetia® reduces the amount of cholesterol in human body. Zetia is used to treat high cholesterol, along with a low-fat, low-cholesterol diet. It is also used to treat high blood sitosterol and campesterol along with diet therapy. Below is the picture of the drug Zetia:

The suit alleges that the defendant with the Abbreviated New Drug Application (ANDA) no. 203-931 seeks FDA approval to market a generic version of Zetia®, which infringes the above patents.

MSD has filed suits against other companies as listed below:

Company

Case No.

Patent Involved

Products Involved

Date Filed

Status

Watson Laboratories

3:12-cv-05228

US5547957 & US5571817

1 mg finasteride tablets

20 Aug 2012

Case Terminated

Accord Healthcare

3:12-cv-03324

US5691336 & US5716942

Single dose vials containing fosaprepitant dimeglumine IV powder, 150 mg vase/vial dosage strength

01 Jun 2012

Pending

Sandoz

3:12-cv-03289

US5691336 & US5716942

Single dose vials containing fosaprepitant dimeglumine IV powder, 150 mg vase/vial dosage strength

31 May 2012

Pending

 

For more details, visit MaxVal-IP and subscribe to our Litigation alerts



[i] Patent Assignment Alerts are automated email alerts sent to you when assignments relating to target applications/patents/entities of interest are recorded.

[ii] 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.

 

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Tags: Dohme, Litigation, MaxVal, Merck, Sandoz, Sharp

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