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Medicines Company v. Aurobindo Pharma et. al.

Medicines Company v. Aurobindo Pharma et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-02367-PGS-DEA: The Medicines Company v. Aurobindo Pharma Limited et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Peter G. Sheridan presiding. See http://news.priorsmart.com/-laeg for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-02367-PGS-DEA: The Medicines Company v. Aurobindo Pharma Limited et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Peter G. Sheridan presiding. See http://news.priorsmart.com/-laeg for more info.

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Published by: PriorSmart on Apr 15, 2014
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04/15/2014

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David E. De Lorenzi Charles H. Chevalier
G
IBBONS
P.C.
One Gateway Center  Newark, New Jersey 07102-5310 Telephone: (973) 596-4500 Facsimile: (973) 596-0545
Of Counsel 
:
 
Edgar H. Haug (ehaug@flhlaw.com) Porter F. Fleming (pfleming@flhlaw.com) Robert E. Colletti (rcolletti@flhlaw.com)
F
ROMMER
L
AWRENCE
&
 
H
AUG
LLP
745 Fifth Avenue  New York, New York 10151 Telephone: (212) 588-0800 Facsimile: (212) 588-0500 Attorneys for Plaintiff The Medicines Company
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
THE MEDICINES COMPANY, Plaintiff, v. AUROBINDO PHARMA LIMITED and AUROBINDO PHARMA USA, INC. Defendants.
 : : : : : : : : : : : : : : :
Civil Action No. _______________
OCUMENT
LECTRONICALLY
ILED
COMPLAINT
Plaintiff The Medicines Company, through its attorneys, files this Complaint against defendants Aurobindo Pharma Limited and Aurobindo Pharma USA, Inc. (collectively, “Aurobindo” or “Defendants”), and allege as follows:
 
 2
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, involving United States Patent Nos. 7,582,727 (“the ’727 patent”) (attached as Ex. A) and 7,598,343 (“the ’343 patent”) (attached as Ex. B).
THE PARTIES
2.
 
Plaintiff The Medicines Company is a corporation organized and existing under the laws of the State of Delaware, having a place of business at 8 Sylvan Way, Parsippany,  New Jersey 07054. 3.
 
On information and belief, Defendant Aurobindo Pharma Limited (“Aurobindo Ltd.”) is a corporation organized and existing under the laws of India, having its  principal place of business at Plot No. 2 Maitrivihar, Ameerpet, Hyderabad, 50038, Andhra Pradesh, India. 4.
 
On information and belief, Defendant Aurobindo Pharma USA, Inc. (“Aurobindo USA”) is a corporation organized and existing under the laws of the State of Delaware, having its principal place of business at 6 Wheeling Road, Dayton, New Jersey, 08810. 5.
 
On information and belief, Aurobindo USA is an agent, affiliate or subsidiary of Aurobindo Ltd., including for Abbreviated New Drug Application (“ANDA”) No. 205962 (“Aurobindo’s ANDA”).
JURISDICTION AND VENUE
6.
 
This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1338(a). 7.
 
This Court has personal jurisdiction over Aurobindo. 8.
 
Upon information and belief, Aurobindo has a continuous and systematic
 
 3
 business presence within this judicial district and substantial events giving rise to acts of infringement have occurred and/or will occur within this judicial district, including but not limited to the preparation of and/or contribution to the submission and/or filing of ANDA No. 205962 under § 505(j) of the Federal Food, Drug, and Cosmetic Act (“FDCA”) (codified at 21 U.S.C. § 355(j)) seeking approval to market before the expiration of the ’727 and ’343 patents a  bivalirudin drug product that infringes the ’727 and/or ’343 patents. 9.
 
Aurobindo has previously submitted to the jurisdiction of this Court and has previously availed itself of this Court by asserting counterclaims in other civil actions initiated in this jurisdiction. (
See, e.g., Wyeth LLC v. Aurobindo Pharma Limited, et al 
, Civil Action No. 3:10-cv-02084-FLW-DEA (D.N.J.) (ECF No.10); and
Sanofi-Aventis U.S. LLC, et al, v. Aurobindo Pharma Limited, et al 
; Civil Action No. 2:10-cv-05801-GEB-MCA (D.N.J.) (ECF  No. 8)). 10.
 
Upon information and belief, Aurobindo’s business includes developing, manufacturing, distributing, and/or selling generic drug products for sale and use throughout the United States, including for sale and use within this judicial district. 11.
 
Upon information and belief, Aurobindo has derived revenue from generic drug products distributed and/or sold in the State of New Jersey. 12.
 
Upon information and belief, Aurobindo has registered with the New Jersey Department of Health and Senior Services as: (i) a business or firm engaging in the wholesale distribution of drugs under N.J.A.C. 8:21 Subchapter 3A and/or; (ii) a drug manufacturing business or a wholesale nonprescription drug business under N.J.S.A. 24:6B-1. 13.
 
Upon information and belief, Aurobindo’s “Registration Number” with the New Jersey Department of Health and Senior Services is 5003120.

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