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Allos Therapeutics et. al. v. Dr. Reddy's Laboratories et. al.

Allos Therapeutics et. al. v. Dr. Reddy's Laboratories et. al.

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Published by PriorSmart
Official Complaint for Declaratory Judgement in Civil Action No. 1:14-cv-04273-RMB-AMD: Allos Therapeutics, Inc. et. al. v. Dr. Reddy's Laboratories, Inc. et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Renee Marie Bumb presiding. See http://news.priorsmart.com/-laFF for more info.
Official Complaint for Declaratory Judgement in Civil Action No. 1:14-cv-04273-RMB-AMD: Allos Therapeutics, Inc. et. al. v. Dr. Reddy's Laboratories, Inc. et. al. Filed in U.S. District Court for the District of New Jersey, the Hon. Renee Marie Bumb presiding. See http://news.priorsmart.com/-laFF for more info.

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Published by: PriorSmart on Jul 10, 2014
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John E. Flaherty Ravin R. Patel McCARTER & ENGLISH LLP Four Gateway Center 100 Mulberry Street Newark, New Jersey 07102 (973) 622-4444
 Attorneys for Allos Therapeutics, Inc.; Sloan-Kettering Institute for Cancer Research; Southern Research Institute; and SRI International, Inc.
 
Of Counsel
: Mark H. Izraelewicz Thomas I. Ross Michael R. Weiner Matthew C. Nielsen Amanda K. Antons MARSHALL, GERSTEIN & BORUN LLP 233 South Wacker Drive 6300 Sears Tower Chicago, IL 60606-6357 (312) 474-6300
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
 ALLOS THERAPEUTICS, INC., SLOAN-KETTERING INSTITUTE FOR CANCER RESEARCH; SOUTHERN RESEARCH INSTITUTE; and SRI INTERNATIONAL, INC. Plaintiffs, v. DR. REDDY’S LABORATORIES, INC; and DR. REDDY’S LABORATORIES, LTD. Defendants. Civil Action No. __________________
COMPLAINT
Plaintiffs Allos Therapeutics, Inc. (“Allos”); Sloan-Kettering Institute for Cancer Research; Southern Research Institute; and SRI International, Inc. (collectively “Plaintiffs”), by their undersigned attorneys, for their Complaint against Defendants Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd. (jointly, “Dr. Reddy’s” or “Defendants”) herein allege:
 
 
-2-
NATURE OF THE ACTION
 1.
 
This is an action for patent infringement under the patent laws of the United States, 35 U.S.C. § 100 et seq., including 35 U.S.C. § 271(e)(2), and the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, arising from the Defendants Dr. Reddy’s filing Abbreviated New Drug Applications (“ANDA”) under Section 505(j) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 355(j), seeking U.S. Food and Drug Administration (“FDA”) approval to market pralatrexate products, which are generic forms of Allos’s pharmaceutical product Folotyn
®
, prior to the expiration of United States Patent Nos. 6,028,071 (“the ‘071 patent”), 7,622,470 (“the ‘470 patent”), and 8,299,078 (“the ‘078 patent”), which cover Folotyn
®
,
 
and methods of using Folotyn
®
.
THE PARTIES
 
Plaintiffs
2.
 
Allos Therapeutics, Inc. is a corporation organized and existing under the laws of the State of Delaware, having its principal place of business at 11080 Circle Point Road, Suite 430, Westminster, Colorado 80020. Allos is engaged in the business of research, development, manufacture, and sale of pharmaceutical products. 3.
 
Sloan-Kettering Institute for Cancer Research is a non-profit corporation organized and existing under the laws of the State of New York, having its principal place of business at 1275 York Avenue, New York, New York 10065. 4.
 
Southern Research Institute is a non-profit corporation organized and existing under the laws of the State of Alabama, having its principal place of business at 2000 Ninth Avenue South, Birmingham, Alabama 35205.
 
 
-3-5.
 
SRI International, Inc. is a non-profit corporation organized and existing under the laws of the State of California, having its principal place of business at 333 Ravenswood Avenue, Menlo Park, California 94025.
Defendants
6.
 
On information and belief, Dr. Reddy’s Laboratories, Inc. is a corporation organized and existing under the laws of the State of New Jersey, having its principal place of business at 200 Somerset Corporate Blvd., 7th Floor, Bridgewater, New Jersey 08807. 7.
 
On information and belief, Dr. Reddy’s Laboratories, Ltd. is a corporation organized and existing under the laws of India, having its principal place of business at 71-1-27, Ameerpet, Hyderabad 500 016, Andhra Pradesh, India. 8.
 
On information and belief, Dr. Reddy’s Laboratories, Inc. is a wholly-owned subsidiary of Dr. Reddy’s Laboratories, Ltd., and is controlled by Dr. Reddy’s Laboratories, Ltd. 9.
 
On information and belief, both Dr. Reddy’s Laboratories, Inc. and Dr. Reddy’s Laboratories, Ltd. submitted, collaborated, and/or acted in concert in the preparation or submission of ANDA No. 206183. 10.
 
On information and belief, Dr. Reddy’s is in the business of making and selling generic pharmaceutical products, which Dr. Reddy’s distributes in the State of New Jersey and throughout the United States.
JURISDICTION AND VENUE
 11.
 
This Court has subject-matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202. 12.
 
This Court has personal jurisdiction over Dr. Reddy’s.

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