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Intelgenx v. Wockhardt Bio Et. Al.

Intelgenx v. Wockhardt Bio Et. Al.

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Published by PatentBlast
Intelgenx v. Wockhardt Bio et. al.
Intelgenx v. Wockhardt Bio et. al.

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Published by: PatentBlast on Aug 30, 2013
Copyright:Attribution Non-commercial

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10/17/2013

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1830798_1
Thomas CurtinGeorge C. JonesGRAHAM CURTINA Professional Association4 Headquarters PlazaP.O. Box 1991Morristown, New Jersey 07962-1991(973) 292-1700tcurtin@GrahamCurtin.comgjones@GrahamCurtin.com
 Attorneys for Plaintiff  IntelGenx Corp.
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW JERSEY
INTELGENX CORP.,Plaintiff,v.WOCKHARDT BIO, AG; WOCKHARDTLIMITED; and WOCKHARDT USA, LLC,Defendants.::::::::::::Civil Action No. _______________ 
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff, IntelGenx Corp. (“IntelGenx”), by its undersigned attorneys, for its Complaintagainst defendants Wockhardt Bio AG, Wockhardt Limited, and Wockhardt USA, LLC(collectively, “Wockhardt”), alleges as follows:
THE NATURE OF THE ACTION
1. This is an action for patent infringement under the patent laws of the UnitedStates, 35 U.S.C. §100 et seq., arising from Wockhardt’s filing of an Abbreviated New DrugApplication (ANDA) with the United States Food and Drug Administration (FDA) seekingapproval to commercially market a generic version of IntelGenx’s FORFIVO XL
®
drug product
 
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 prior to the expiration of United States Patent No. 7,674,479 (the ’479 patent) (the patent-in-suit)owned by IntelGenx.
THE PARTIES
2. IntelGenx is a Canadian corporation, having its principal place of business at6425 Abrams, Ville Saint-Laurent, Quebec H4S 1X9, Canada. IntelGenx is wholly owned byIntelGenx Technologies Corp., which is a publicly traded company and is incorporated inDelaware.3. On information and belief, Wockhardt Limited is a company organized andexisting under the laws of India, having a principal place of business at Bandra-Kurla Complex,Bandra East, Mumbai 400 051, India. On information and belief, Wockhardt Limited, itself andthrough its subsidiaries Wockhardt Bio AG and Wockhardt USA, LLC, is in the business of making and selling generic pharmaceutical products, which it distributes in the State of NewJersey and throughout the United States.4. On information and belief, Wockhardt Bio AG, a wholly-owned subsidiary of Wockhardt Limited, is a company organized and existing under the laws of Switzerland, havinga principal place of business at Baarerstrasse 43, 6300 Zug, Switzerland. On information and belief, Wockhardt Bio AG, itself and through Wockhardt USA, LLC, is in the business of making and selling generic pharmaceutical products, which it distributes in the State of NewJersey and throughout the United States.
 
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5. On information and belief, Wockhardt USA, LLC, a wholly-owned subsidiary of Wockhardt Limited, is a corporation organized and existing under the laws of the State of Delaware, having a principal place of business at 20 Waterview Boulevard, Parsippany, NewJersey 07054. On information and belief, Wockhardt USA, LLC, with the assistance and/or direction of Wockhardt Bio AG and/or Wockhardt Limited, develops, manufactures, markets,imports, offers to sell, and/or sells generic drug products for sale and use in the State of NewJersey and throughout the United States.6. Upon information and belief, Wockhardt USA, LLC, Wockhardt Bio AG, andWockhardt Limited act in concert with one another and hold themselves out as an integrated unitfor purposes of developing, manufacturing, distributing, marketing, importing, and sellinggeneric drug products throughout the United States, including in this judicial district.7. Upon information and belief, Wockhardt USA, LLC, Wockhardt Bio AG, andWockhardt Limited acted collaboratively and in concert in the preparation and submission of ANDA No. 205079.8. Upon information and belief, following any FDA approval of ANDA No. 205079,Wockhardt Limited, Wockhardt Bio AG, and Wockhardt USA, LLC will act in concert with oneanother, and/or with other Wockhardt Limited subsidiaries, to make, use, offer to sell, and/or sellthe generic drug products that are the subject of ANDA No. 205079 throughout the UnitedStates, and/or import such generic drug products into the United States, including in this judicialdistrict.

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