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Kissei Pharmaceutical Et. Al. v. Sandoz

Kissei Pharmaceutical Et. Al. v. Sandoz

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Published by PatentBlast
Kissei Pharmaceutical et. al. v. Sandoz
Kissei Pharmaceutical et. al. v. Sandoz

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Published by: PatentBlast on Jun 20, 2013
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12/12/2014

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWAREKISSEI PHARMACEUTICAL CO., LTD.,WATSON LABORATORIES, INC. and ACTAVIS, INC.,Plaintiffs,v.SANDOZ INC.,Defendant.)))))))))))C.A. No. ____________________ 
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs Kissei Pharmaceutical Co., Ltd., Watson Laboratories, Inc., and Actavis Inc.,(collectively “Plaintiffs”), by and through their undersigned counsel, bring this Complaint for  patent infringement against Defendant Sandoz Inc. (“Sandoz” or “Defendant”) and allege asfollows:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement. This action relates to an Abbreviated  New Drug Application (“ANDA”) submitted by and/or for the benefit of Sandoz with the United States Food and Drug Administration (“FDA”) for approval to market a generic version of Plaintiffs’ RAPAFLO
®
capsules, 4 mg and 8 mg, that are sold in the United States.
THE PARTIES
2.
 
Plaintiff Kissei Pharmaceutical Co., Ltd. (“Kissei”) is a Japanese corporation,having its principal place of business at 19-48, Yoshino, Matsumoto City, Nagano Prefecture399-8710, Japan. Kissei is an R&D-oriented pharmaceutical company that contributes to thehealth of people around the world through innovative drug products. Kissei is the owner and assignee of U.S. Patent No. 5,387,603 (“the ‘603 patent”).
 
23.
 
Actavis, Inc. (“Actavis”) is a corporation organized and existing under the lawsof the State of Nevada with a principal place of business at Morris Corporate Center III,400 Interpace Parkway, Parsippany, New Jersey. Actavis is the exclusive licensee of the‘603 patent.4.
 
Watson Laboratories, Inc. (“Watson”) is a corporation organized and existingunder the laws of the State of Delaware, with a principal place of business at 577 Chipeta Way,Salt Lake City, Utah 84108. Watson is a wholly-owned subsidiary of Actavis, and is theregistered holder of approved New Drug Application No. 22-206.5.
 
On information and belief, Defendant Sandoz is a corporation organized under thelaws of Colorado, having a principal place of business at 506 Carnegie Center, Suite 400,Princeton, New Jersey 08540. On information and belief, Sandoz develops and markets a widerange of generic drug products and regularly conducts business throughout the United States,including in the State of Delaware.
JURISDICTION AND VENUE
6.
 
This action arises under the patent laws of the United States of America,35 U.S.C. §§ 1,
et seq.
, including 35 U.S.C. § 271, and the Declaratory Judgment Act, 28 U.S.C.§§ 2201 and 2202. This Court has jurisdiction over the subject matter of this action pursuant to28 U.S.C. §§ 1331, 1338(a).7.
 
On information and belief, Sandoz is subject to personal jurisdiction in thisDistrict by virtue of its presence and activities in the State of Delaware, and by having systematicand continuous contacts with the State of Delaware so as to reasonably allow personal jurisdiction to be exercised over it.
 
38.
 
On information and belief, Sandoz is registered to distribute drugs in the State of Delaware, and is in the business of making and selling generic pharmaceutical products, whichSandoz distributes in the State of Delaware and throughout the United States.9.
 
Sandoz is registered with the Delaware Board of Pharmacy, pursuant to 24 Del. C.§ 2540, as a licensed “Distributor/Manufacturer CSR” (License No. DS0131) and “Pharmacy-Wholesale” (License A4-0000260). Sandoz admitted this in its Answer in
Cephalon v. Sandoz
,C.A. No. 12-248 (D. Del. Mar. 23, 2012).10.
 
Additionally, personal jurisdiction over Sandoz is proper because it has previously submitted to jurisdiction in this Court, and has availed itself of the jurisdiction of thisCourt by asserting counterclaims in lawsuits pending in this district.11.
 
Sandoz has admitted or consented to jurisdiction (for purposes of litigation) and filed counterclaims in, for example,
Cephalon v. Sandoz
, C.A. No. 12-248 (D. Del. Mar. 23,2012);
 Abbott v. Sandoz
, C.A. No. 12-103 (D. Del. Apr. 9, 2012);
GlaxoSmithKline v. Sandoz
,C.A. No. 11-1284 (D. Del. Mar. 5, 2012);
Pfizer v. Sandoz
, C.A. No. 11-1252 (D. Del. Mar. 8,2012);
 Abbott v. Sandoz
, C.A. No. 11-424 (D. Del. Nov. 14, 2011);
 Abbott v. Sandoz Inc.
,C.A. No. 11-145 (D. Del. May 13, 2011); and 
 Research Foundation of State University of NewYork et al v. Sandoz Inc
., C.A. No. 11-162 (D. Del. Apr. 18, 2011).12.
 
Venue is proper in this Judicial District under 28 U.S.C. §§ 1391(b) and (c), and § 1400(b).
FACTUAL BACKGROUNDA. The ‘603 Patent
13.
 
On February 7, 1995, the United States Patent and Trademark Office duly and lawfully issued the ‘603 patent, entitled “1,5,7-Trisubstituted Indoline Compounds and Salts

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