Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Genzyme Corporation et. al.

Genzyme Corporation et. al.

Ratings: (0)|Views: 21 |Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01507-UNA: Genzyme Corporation et. al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l92U for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:13-cv-01507-UNA: Genzyme Corporation et. al. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l92U for more info.

More info:

Published by: PriorSmart on Sep 04, 2013
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

03/18/2014

pdf

text

original

 
1
 
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARE
GENZYME CORPORATION andSANOFI-AVENTIS U.S. LLC,Plaintiffs,v.SANDOZ INC.,Defendant.))))))))))))C.A. No.___________________ 
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs,
Genzyme Corporation (“Genzyme”)
and sanofi-
aventis U.S. LLC (“Sanofi”)
, by their attorneys, for their complaint against
Sandoz Inc. (“Sandoz”), hereby allege as follows:
 
NATURE OF THE ACTION
1.
 
This is an action for patent infringement
of U.S. Patent Nos. RE42,152 (“the ‘152 patent”), 7,897,590 (“the ‘590 patent”), and 6,987,102 (“the ‘102 patent”)
arising under thePatent Laws of the United States, Title 35, United States Code, Sections 100
et seq
.2.
 
This action relates to the following Abbreviated New Drug Application
(“ANDA”) with the United States Food and Drug Administration (“FDA”)
: ANDA No. 205052filed by Sandoz for approval to market Plerixafor Injection 24 mg/1.2 mL (20 mg/mL), a proposed generic version of Genzyme
’s
Mozobil
®
drug product.
 
 
2
 
THE PARTIES
3.
 
Plaintiff Genzyme is a corporation organized and existing under the laws of theState of Massachusetts, having its principal place of business at 500 Kendall Street, Cambridge,MA 02142.4.
 
Plaintiff Sanofi is a Delaware corporation with its principal place of business inBridgewater, NJ.5.
 
On information and belief, Sandoz is a corporation organized and existing under the laws of the State of Colorado having a place of business at 506 Carnegie Center, Suite 400,Princeton, NJ 08540.
JURISDICTION AND VENUE
6.
 
This Court has jurisdiction over the subject matter of this action pursuant to 28U.S.C. §§ 1331, 1338(a), 1400(b), 2201, and 2202.7.
 
On information and belief, Sandoz is subject to personal jurisdiction in thisDistrict.8.
 
On information and belief, Sandoz has purposefully availed itself of the privilegeof doing business in the State of Delaware by continuously and systematically placing goods intothe stream of commerce for distribution throughout the United States, including Delaware,and/or by selling, directly or through its agents, pharmaceutical products in Delaware.9.
 
In the alternative, Sandoz is subject to the jurisdiction of the Court pursuant to 10
 Del. C.
§ 3104. Specifically, Sandoz causes tortious injury in Delaware, namely from the tort of  patent infringement, and Sandoz regularly does or solicits business, engages in a persistentcourse of conduct in Delaware and this District, and derives substantial revenue from things usedor consumed in Delaware and this District.
 
3
 
10.
 
On information and belief, personal jurisdiction over Sandoz is also proper  because Sandoz has sought affirmative relief in this jurisdiction by answering Complaints andfiling counterclaims, and because Sandoz has employed Delaware counsel to assist in obtainingthat relief.11.
 
Sandoz has also previously availed itself of this jurisdiction for the purpose olitigating its patent suits.
See, e.g 
.,
Sandoz Inc. v. Pfizer Inc
., C.A. No. 10-104 (D. Del.). Inaddition, Sandoz has previously been sued in this District and has not contested personal jurisdiction.
See, e.g 
.,
Glaxosmithkline Intellectual Property Management Ltd. et al. v. Sandoz, Inc
., C.A. No. 11-01284 (D. Del.);
 Aventis Pharma S.A. v. Sandoz Inc.
, C.A. No. 11-043 (D.Del.).12.
 
Venue is proper in this judicial District pursuant to 28 U.S.C. §§ 1391 and1400(b).
BACKGROUND
13.
 
Genzyme is the holder of New Drug Application (“NDA”) No.
022311, whichrelates to Plerixafor solution 20 mg/mL for subcutaneous injection. On December 15, 2008, theFDA approved the marketing of the drug product described in NDA No. 022311 for use incombination with granulocyte-colony stimulating factor (
G-CSF
) to mobilize hematopoieticstem cells to the peripheral blood for collection and subsequent autologous transplantation in patients with non-
Hodgkin’s lymphoma
and multiple myeloma. This drug product is prescribedand sold in the United States using the trademark Mozobil
®
. Genzyme and Sanofi both share inthe profits from the sale of Mozobil
®
.14.
 
United States Patent No. RE42,152 (a true and accurate copy of which is attachedhereto as Exhibit A) was duly and legally issued on February 15, 2011 to inventors Gary J.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->