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AbbVie v. Mylan Pharmaceuticals

AbbVie v. Mylan Pharmaceuticals

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01072-UNA: AbbVie Inc. v. Mylan Pharmaceuticals Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8B6 for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01072-UNA: AbbVie Inc. v. Mylan Pharmaceuticals Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l8B6 for more info.

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Published by: PriorSmart on Jun 17, 2013
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08/14/2014

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 IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWAREABBVIE INC.,Plaintiff,v.MYLAN PHARMACEUTICALS INC.,Defendant.)))))))))C.A. No. ________ 
COMPLAINT
Plaintiff AbbVie Inc., by way of Complaint against Mylan Pharmaceuticals Inc.,states as follows:
THE PARTIES
1.
 
Plaintiff AbbVie Inc. (“AbbVie”) is a corporation organized and existing
under the laws of Delaware with its corporate headquarters at 1 North Waukegan Road, NorthChicago, Illinois 60064. AbbVie is a global biopharmaceutical company engaged in the businessof research, development, manufacture, and sale of pharmaceutical products throughout theworld.2.
 
On information and belief, Defendant Mylan Pharmaceuticals Inc.
(“Mylan”) is a corporation organized and existing under the laws of West Virginia, having its
 principal place of business located at 781 Chestnut Ridge Road, Morgantown, West Virginia26505.3.
 
On information and belief, Mylan manufactures and sells various genericdrug products and regularly conducts business throughout the United States, including the Stateof Delaware.
 
 - 2 -
NATURE OF THE ACTION
 4.
 
This is a civil action for patent infringement of United States Patent
 Number 6,232,333 B1 (“the ’333 patent”), United States Patent Number 7,141,593 B1 (“the ’593 patent”), and United States Patent Number 7,432,294 B2 (“the ’294 patent”), arising under the
United States Patent Laws, Title 35, United States Code, § 100,
et seq.
, and in particular under 35 U.S.C. §
271. This action relates to Abbreviated New Drug Application (“ANDA”) No.
20-5024, which Mylan filed or caused to be filed under 21 U.S.C. § 355(j) with the United States
Food and Drug Administration (“FDA”) for approval to market a generic copy of AbbVie’s
successful Norvir 
®
gel capsule product that is sold in the United States.
JURISDICTION AND VENUE
5.
 
This is a civil action for patent infringement and declaratory judgmentarising under the patent laws of the United States, 35 U.S.C. §§ 100
et seq.
, and the DeclaratoryJudgment Act, 28 U.S.C. §§ 2201 and 2202. This Court has subject matter jurisdiction under 28U.S.C. §§ 1331 and 1338(a).6.
 
On information and belief, this Court has personal jurisdiction over Mylan.7.
 
On information and belief, Mylan formulates, develops, manufactures,
markets, and sells active pharmaceutical ingredients (“APIs”), solid oral dosage forms,
 pharmaceutical formulations, and/or pharmaceutical products containing such APIs or 
 pharmaceutical formulations (collectively “Mylan’s products”). Mylan routinely files ANDAs
and seeks FDA approval to market its products in the United States.8.
 
On information and belief, Mylan, either directly or through one or moreof its wholly owned subsidiaries, affiliates, agents, distributors, or parent corporation, sells
 
 - 3 -
and/or distributes a substantial volume of Mylan’s products in this judicial district. On
information and belief, Mylan purposefully has conducted and continues to conduct substantial business in this judicial district, from which it has derived, directly or indirectly, substantialrevenue.9.
 
On information and belief, this judicial district is a likely destination of 
 products that will be manufactured and sold as a result of FDA approval of Mylan’s ANDA
 No. 20-5024, which is the subject of this lawsuit.10.
 
On information and belief, Mylan is qualified to do business in the State of Delaware and holds current and va
lid “Distributor/Manufacturer CSR” and “Pharmacy
-
Wholesale” licenses in Delaware. Further, on information and belief, Mylan is registered to
transact business in Delaware and has appointed a registered agent in Delaware (CorporationService Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808) for serviceof process.11.
 
Furthermore, Mylan previously has availed itself of this forum by bringingsuits and asserting claims arising under the Patent Laws of the United States in this Court.Mylan has also previously availed itself of this forum by asserting counterclaims arising under the Patent Laws of the United States in other civil actions initiated in this Court.12.
 
This Court has personal jurisdiction over Mylan by virtue of,
inter alia
, itsmarketing and sales activities in this judicial district, including but not limited to the substantial,continuous, and systematic distribution, marketing, and/or sales of pharmaceutical products toresidents of this judicial district, and the fact that it has availed itself of the rights afforded in this judicial district.

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