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Purdue Pharmaceutical Products et. al. v. Actavis Elizabeth

Purdue Pharmaceutical Products et. al. v. Actavis Elizabeth

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 2:12-cv-05311-JLL-MAH: Purdue Pharmaceutical Products L.P. et. al. v. Actavis Elizabeth LLC. Filed in U.S. District Court for the District of New Jersey, the Hon. Jose L. Linares presiding. See http://news.priorsmart.com/-l6B3 for more info.
Official Complaint for Patent Infringement in Civil Action No. 2:12-cv-05311-JLL-MAH: Purdue Pharmaceutical Products L.P. et. al. v. Actavis Elizabeth LLC. Filed in U.S. District Court for the District of New Jersey, the Hon. Jose L. Linares presiding. See http://news.priorsmart.com/-l6B3 for more info.

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Published by: PriorSmart on Aug 24, 2012
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02/01/2013

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Michael DoreStephen R. Buckingham
L
OWENSTEIN
S
ANDLER
,
 
PC
 
65 Livingston AvenueRoseland, New Jersey 07068Tel: (973) 597-2500
 Attorneys for Plaintiffs Purdue PharmaceuticalProducts L.P., Purdue Pharma L.P., and Transcept Pharmaceuticals, Inc.
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW JERSEY
 PURDUE PHARMACEUTICALPRODUCTS L.P., PURDUE PHARMAL.P., and TRANSCEPTPHARMACEUTICALS, INC.Plaintiffs,v.ACTAVIS ELIZABETH LLC,Defendant.Civil Action No. _________________________Document Filed Electronically
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs Purdue Pharmaceutical Products L.P.; Purdue Pharma L.P.; and TransceptPharmaceuticals, Inc. (collectively, “Plaintiffs”), by their attorneys, for their complaint againstActavis Elizabeth LLC (“Actavis”) allege as follows:
 
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The Parties
1.
 
Plaintiff Purdue Pharmaceutical Products L.P. is a limited partnership organizedand existing under the laws of Delaware with its principal place of business at One StamfordForum, 201 Tresser Boulevard, Stamford, CT 06901.2.
 
Plaintiff Purdue Pharma L.P. is a limited partnership organized and existing underthe laws of Delaware with its principal place of business at One Stamford Forum, 201 TresserBoulevard, Stamford, CT 06901.3.
 
Plaintiff Transcept Pharmaceuticals, Inc. is a corporation organized and existingunder the laws of Delaware with its principal place of business at 1003 W. Cutting Blvd., Suite#110, Pt. Richmond, CA 94804.4.
 
Upon information and belief, Defendant Actavis is a Delaware limited liabilitycompany with its principal place of business at 200 Elmora Ave., Elizabeth, NJ 07202.5.
 
Upon information and belief, Actavis is in the business of developing,manufacturing, marketing, distributing, and selling generic pharmaceutical products throughoutthe United States, including in this judicial district.
Jurisdiction and Venue
6.
 
This is a civil action for patent infringement arising under the patent laws of theUnited States, Title 35 of the U.S. Code, for infringement of U.S. Patent No. 7,682,628 (the“’628 Patent”).7.
 
This Court has jurisdiction over the subject matter of this action pursuant to 28U.S.C. §§ 1331 and 1338(a).8.
 
This Court has personal jurisdiction over Defendant by virtue of its widespreadand continuous contacts with the state of New Jersey. Among other things, Actavis’s principal
 
- 3 -
 
place of business is in New Jersey, and it is registered to do business in New Jersey underBusiness I.D. No. 0600272818.9.
 
Actavis has previously submitted to, and purposefully availed itself of, the jurisdiction of the U.S. District Court for the District of New Jersey, including by filingcounterclaims in this Court.
See, e.g.
,
 Depomed, Inc. v. Actavis Elizabeth LLC 
, 3:12-cv-01358(D.N.J.) (docket entry 40) (counterclaim filed by Actavis Elizabeth LLC);
 Abbott Labs. v. Actavis Elizabeth LLC 
, 2:10-cv-02352 (D.N.J.) (docket entry 18) (same);
 Eli Lilly & Co. v. Actavis Elizabeth LLC 
, 2:07-cv-03770 (D.N.J.) (docket entry 10) (same).10.
 
Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and1400(b).
Regulatory Requirements for New and Generic Drugs
11.
 
A person wishing to market a new drug that has not previously been approved bythe U.S. Food and Drug Administration (“FDA”) (a “pioneering” drug) must file a New DrugApplication (“NDA”) with FDA demonstrating that the drug is safe and effective for its intendeduse. 21 U.S.C. § 355(b).12.
 
A person wishing to market a generic copy of a drug that previously has beenapproved by FDA may follow a truncated approval process by filing an Abbreviated New DrugApplication (“ANDA”) for a generic version of that drug. In the ANDA, the applicant mustdemonstrate, among other things, bioequivalence of the generic copy with the pioneering drug.21 U.S.C. § 355(j)(2)(A)(iv).13.
 
Unlike an NDA applicant, an ANDA applicant is not required to include safetyand effectiveness data. Instead, the ANDA applicant is permitted to rely on the approval of the

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