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Purdue Pharma et. al. v. Impax Laboratories

Purdue Pharma et. al. v. Impax Laboratories

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-03188-UA: Purdue Pharma L.P. et. al. v. Impax Laboratories, Inc. Filed in U.S. District Court for the Southern District of New York, no judge yet assigned. See http://news.priorsmart.com/-l8q7 for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-03188-UA: Purdue Pharma L.P. et. al. v. Impax Laboratories, Inc. Filed in U.S. District Court for the Southern District of New York, no judge yet assigned. See http://news.priorsmart.com/-l8q7 for more info.

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Published by: PriorSmart on May 13, 2013
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03/09/2014

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13
CIV
IN THE UNITED STATES DISTRICT COURT
FOR
THE SOUTHERN DISTRICT OF
NEW
YORK
PURDUE PHARMA
L.P.,
THE
P.F. LABORATORIES, INC., and
PURDUE
PHARMACEUTICALS L.P.,Plaintiffs,
v.
IMP
AX
LABORATORIES, INC.,Defendant.
))))
))
)
))
)
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_______________________________
)
COMPLAINT
Plaintiffs Purdue Pharma L.P., The P.F. Laboratories, Inc., and PurduePharmaceuticals L.P. for their Complaint herein, aver as follows:
NATURE OF THE ACTION
1.
This is an action for patent infringement arising under the patent laws
of
the United States, Title 35, United States Code.
THE PARTIES: PLAINTIFFS
2. Plaintiff Purdue,Pharma L.P. ("Purdue Pharma") is a limited partnershiporganized and existing under the laws
of
the State
of
Delaware, having a place
of
business at OneStamford Forum, 201 Tresser Boulevard, Stamford, CT 06901-34 31. Purdue Pharma is anowner
of
United States Patent No. 8,33 7,888 identified in paragraph
10
below. Purdue Pharmais also the holder
of
New
Drug Application ("NDA'') No. 022272 for the controlled-releaseoxycodone pain-relief medication OxyContin
®'
and is involved in the sales
of
OxyContin
®
in theUnited States.
Case 1:13-cv-03188-UA Document 1 Filed 05/10/13 Page 1 of 32
 
3.
Plaintiff The P.F. Laboratories, Inc. ("P.F. Labs")
is
a corporationorganized and existing under the laws
of
the State
of
New Jersey, having a place
of
business at700 Union Boulevard, Totowa, NJ 07512. P.F. Labs
is
an
owner
of
United States Patent No.8,337,888 identified in paragraph
10
below, and
is
involved in the manufacture
of
controlled-release oxycodone pain-relief medication under the brand name OxyContin®.
4.
Plaintiff Purdue Pharmaceuticals L.P. ("Purdue Pharmaceuticals")
1s
alimited partnership organized and existing under the laws
of
the State
of
Delaware, having aplace
of
business at 4701 Purdue Drive, Wilson, NC 27893. Purdue Pharmaceuticals
is an
owner
of
United States Patent No. 8,337,888 identified in paragraph
10
below, and
is
involved in themanufacture
of
controlled-release oxycodone pain-relief medication under the brand nameOxyContin®.
THE PARTIES: DEFENDANT
5.
Upon information and belief, Defendant Impax Laboratories, Inc.
'
("Impax")
is
a corporation organized and existing under the laws
of
the State
of
Delaware,having a principal place
of
business at 30831 Huntwood Avenue, Hayward, CA 94544.
6.
Upon information and belief, Impax
is
registered as a PharmacyEstablishment in the State
ofNew
York by the New York State Department
of
Education, Office
of
the Professions. (Registration No. 025847). The Registration has an active status.
JURISDICTION AND VENUE
7.
This Court has jurisdiction over the subject matter
of
this action pursuantto
28
U.S.C.
§§
1331, 1338(a), 2201 and 2202.
8.
This Court has personal jurisdiction over Impax because,
inter alia,
Impaxhas purposefully availed itself
of
the rights and benefits
of
the laws
of
this State and this Judicial
2
Case 1:13-cv-03188-UA Document 1 Filed 05/10/13 Page 2 of 32
 
District. Upon information and belief, Impax does business in this State and this JudicialDistrict, has engaged in continuous and systematic contact with this State and this JudicialDistrict, and derives substantial revenue from things used or consumed in this State and thisJudicial District. Upon information and belief, Impax engages in the manufacture and sale
of
arange
of
pharmaceutical products within and directed
to
the United States, this State, and thisJudicial District specifically. Impax did not contest personal jurisdiction in this Judicial Districtin patent litigations concerning United States Patent Nos. 6,488,963, 7,674,799, 7,674,800,7,683,072, 7,776,314, 8,114,383, and 8,309,060, which suits were based on the sameAbbreviated New Drug Application ("ANDA'') described in paragraph
11
below that Impaxsubmitted to the FDA based onPurdue Pharma's OxyContin® NDA No. 022272.
See PurduePharma L.P. et
al.
v.
Impax Laboratories, Inc.,
No. 11-civ-2400 (SHS) (S.D.N.Y. Apr.
7,
2011)and
Purdue Pharma L.P. et
al.
v.
Impax Laboratories, Inc.,
No. 13-civ-0763 (SHS) (S.D.N.Y.Feb.
1,
2013). Further, this Court has personal jurisdiction over Impax because, uponinformation and belief, Impax has an active registration status
as
a Pharmacy Establishment inthe State
of
New York by the New York State Department
of
Education, Office
of
theProfessions. In addition, upon information and belief, Impax
is
actively preparing to make theproposed generic copies
of
OxyContin® that are the subject
of
ANDA No. 202483, and to use,sell and offer for sale such generic copies in this State and this Judicial District.
9.
(c)
and§
1400(b).Venue
is
proper in this Judicial District under
28
U.S.C.
§§
1391(b) and
THE PATENT IN SUIT
10.
Plaintiffs Purdue Pharma, P.F. Labs, and Purdue Pharmaceuticals are thelawful owners
of
all right, title and interest in United States Patent No. 8,337,888 entitled3
Case 1:13-cv-03188-UA Document 1 Filed 05/10/13 Page 3 of 32

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