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Amarin Pharma et. al. v. Apotex et. al.

Amarin Pharma et. al. v. Apotex et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-02550-MLC-DEA: Amarin Pharma, Inc. et. al. v. Apotex, Inc. et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Mary L. Cooper presiding. See http://news.priorsmart.com/-lah9 for more info.
Official Complaint for Patent Infringement in Civil Action No. 3:14-cv-02550-MLC-DEA: Amarin Pharma, Inc. et. al. v. Apotex, Inc. et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Mary L. Cooper presiding. See http://news.priorsmart.com/-lah9 for more info.

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Published by: PriorSmart on Apr 23, 2014
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Leda Dunn Wettre ROBINSON, WETTRE & MILLER LLC One Newark Center, 19th Floor  Newark, New Jersey 07102 Telephone: (973) 690-5400 Facsimile: (973) 466-2760 Lwettre@rwmlegal.com Christopher N. Sipes Einar Stole Michael N. Kennedy Megan P. Keane COVINGTON & BURLING LLP 1201 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Tel: (202) 662-6000
 Attorneys for Plaintiffs Amarin  Pharma, Inc. and Amarin  Pharmaceuticals Ireland Limited
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
 AMARIN PHARMA, INC. and AMARIN PHARMACEUTICALS IRELAND LIMITED, Plaintiffs, v. APOTEX, INC., and APOTEX CORPORATION, Defendants. Civil Action No. _________________________ Document Filed Electronically
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs Amarin Pharma, Inc. and Amarin Pharmaceuticals Ireland Limited
(collectively, “Plaintiffs”
 
or “Amarin”
), by their attorneys, for their complaint against Apotex, Inc. and Apotex Corporation (
collectively, “Defendants” or “
Apotex
”)
 allege as follows:
 
- 2 -
 
Nature of the Action
1.
 
This is a civil action for patent infringement arising under the patent laws of the United States, 35 U.S.C. § 100 et seq., and in particular under 35 U.S.C. § 271(a-c, e). This
action relates to an Abbreviated New Drug Application (“ANDA”) N
o. 205753 filed by or for
the benefit of Defendants with the United States Food and Drug Administration (“FDA”) for approval to market generic versions of Plaintiffs’
VASCEPA® pharmaceutical products that are sold in the United States.
The Parties
2.
 
Plaintiff Amarin Pharma, Inc. is a company organized and existing under the laws of Delaware with its principal place of business at1430 Route 206, Bedminster, NJ 07921. 3.
 
Plaintiff Amarin Pharmaceuticals Ireland Limited is a company incorporated under the laws of Ireland with registered offices at 88 Harcourt Street, Dublin 2, Dublin, Ireland. 4.
 
Upon information and belief, Defendant Apotex, Inc. is a company organized and existing under the laws of Canada with its principal place of business at 150 Signet Drive, Toronto, Ontario M9L 1T9 Canada. 5.
 
Upon information and belief, Defendant Apotex Corporation is a company organized and existing under the laws of Delaware with its principal place of business at 2400 N Commerce Pkwy #400, Weston, FL 33326. 6.
 
Upon information and belief, Defendant Apotex Corporation is a wholly-owned subsidiary of Apotex, Inc. 7.
 
Upon information and belief, Apotex, Inc., either directly or through one or more of its wholly owned subsidiaries and/or agents, including Apotex Corporation, develops,
 
- 3 -
 
manufactures, distributes, markets, offers to sell, and sells generic drug products for sale and use throughout the United States, including within this judicial district. 8.
 
Upon information and belief, Apotex Corporation, with the assistance and/or at the direction of Apotex, Inc., develops, manufactures, distributes, markets, offers to sell, and sells generic drug products for sale and use throughout the United States, including within this  judicial district.
Jurisdiction and Venue
9.
 
This is a civil action for patent infringement arising under the patent laws of the United States, Title 35 of the U.S. Code, for infringement of
U.S. Patent No. 8,293,728 (“the ‘728
Patent
”), U.S. Patent No. 8,318,715 (“the ‘715
Patent
”), U.S. Patent No. 8,357,677 (“the ‘677
Patent
”), U.S. Patent No. 8,367,652 (“the ‘652
Patent
”), U.S. Patent No. 8,377,920 (“the ‘920
Patent
”), U.S. Patent No. 8,399,446 (“the ‘446
Patent
”), U.S. Patent No. 8,415,335 (“the ‘335
Patent
”)
,
U.S. Patent No. 8,426,399 (“the ‘399
Patent
”), U.S. Patent No. 8,431,560 (“the ‘560
Patent
”), U.S. Patent No. 8,440,650 (“the ‘650
Patent
”),
U.S. Patent No.
8,501,225 (“the ‘225
Patent
”),
U.S. Patent No.
8,518,929 (“the ‘929
Patent
”), U.S. Patent No. 8,524,698 (“the ‘698
Patent
”), U.S. Patent No. 8,546,372 (“the ‘372
Patent
”),
U.S. Patent No.
8,551,521 (“the ‘521
Patent
”)
, and
U.S. Patent No. 8,617,594 (“the ‘594
Patent
”)
. 10.
 
This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331 and 1338(a). 11.
 
On information and belief, Apotex, Inc. has previously submitted to, and  purposefully availed itself of, the jurisdiction of the U.S. District Court for the District of New Jersey, including by filing suit in this Court.
See, e.g.
,
 Apotex Inc. v. AstraZeneca  Pharmaceuticals LP et al.
, 08 Civ. 358 (D.N.J. 2008);
 Apotex, Inc. v. Shire LLC,
08 Civ. 3598

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