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Janssen Products Et. Al. v. Mylan Pharmaceuticals Et. Al.

Janssen Products Et. Al. v. Mylan Pharmaceuticals Et. Al.

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Published by PatentBlast
Janssen Products et. al. v. Mylan Pharmaceuticals et. al.
Janssen Products et. al. v. Mylan Pharmaceuticals et. al.

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Published by: PatentBlast on Jul 25, 2014
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10/04/2014

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John E. Flaherty Ravin R. Patel MCCARTER & ENGLISH, LLP 100 Mulberry Street Four Gateway Center Newark, NJ 07102 Tel: (973) 639-7903 Fax: (973) 297-3971
 Attorneys for Plaintiffs  Janssen Products, L.P. and  Janssen R&D Ireland 
 
Of Counsel
: Gregory L. Diskant Irena Royzman PATTERSON BELKNAP WEBB & TYLER LLP 1133 Avenue of the Americas New York, New York 10036 Tel.: (212) 336-2000 Fax: (212) 336-2222
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
JANSSEN PRODUCTS, L.P. and JANSSEN R&D IRELAND, Plaintiffs, v. MYLAN PHARMACEUTICALS INC. and MYLAN INC., Defendants. Civil Action No. _________________
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs Janssen Products, L.P. and Janssen R&D Ireland (collectively, "Janssen"), for their Complaint against defendants Mylan Pharmaceuticals Inc. ("Mylan Pharmaceuticals") and Mylan Inc. (collectively "Mylan"), allege as follows:
NATURE OF THE ACTION
1.
 
This is a civil action for a declaratory judgment of infringement of U.S. Patent No. 8,153,829 B2 ("the '829 Patent") arising under the patent laws of the United States, 35 U.S.C. §§ 1 et seq. and 28 U.S.C. §§ 2201 and 2202. This action arises out of Defendants' filing
 
 2of an Abbreviated New Drug Application ("ANDA") seeking approval to sell generic versions of plaintiff Janssen's highly successful PREZISTA® (darunavir) 75 mg, 150 mg, 300 mg, 400 mg, and 600 mg products and Mylan's efforts to import, use, offer for sale, and/or sell those generic products prior to the expiration of the '829 Patent.
THE PARTIES
2.
 
Plaintiff Janssen Products, L.P., is a partnership organized under the laws of the State of New Jersey, having its headquarters and principal place of business at 800/850 Ridgeview Drive, Horsham, PA 19044. 3.
 
Plaintiff Janssen R&D Ireland (formerly known as Tibotec Pharmaceuticals) is an Irish corporation having its principal place of business at Eastgate Village, Eastgate, Little Island, County Cork, Ireland. 4.
 
On information and belief, Mylan Pharmaceuticals is a corporation organized under the laws of the state of West Virginia, with its principal place of business located at 781 Chestnut Ridge Road, Morgantown, WV 26505. On information and belief, Mylan Pharmaceuticals is in the business of, among other things, manufacturing and selling generic copies of branded pharmaceutical products for the U.S. market. Mylan Pharmaceuticals is a wholly owned subsidiary of Mylan Inc. 5.
 
On information and belief, Mylan Inc. is a corporation organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 1500 Corporate Drive, Canonsburg, Pennsylvania 15317. On information and belief, Mylan Inc. is in the business of, among other things, manufacturing and selling generic copies of branded pharmaceutical products for the U.S. market, alone and/or through its wholly owned subsidiary and agent, Mylan Pharmaceuticals.
 
 3
JURISDICTION AND VENUE
6.
 
This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331, 1338(a), 2201, and 2202. 7.
 
On information and belief, this Court has personal jurisdiction over Mylan Pharmaceuticals because Mylan Pharmaceuticals has purposely availed itself of the benefits and protections of New Jersey's laws such that it should reasonably anticipate being haled into court here. On information and belief, Mylan Pharmaceuticals has had persistent and continuous contacts with this judicial district, including developing, manufacturing and/or selling pharmaceutical products that are sold in this judicial district. 8.
 
On information and belief, Mylan Pharmaceuticals is registered to do business in New Jersey. 9.
 
On information and belief, Mylan Pharmaceuticals has appointed Corporation Service Company, 830 Bear Tavern Road, West Trenton, New Jersey as its registered agent for the receipt of service of process. 10.
 
On information and belief, this Court has personal jurisdiction over Mylan Inc. because Mylan Inc. has purposely availed itself of the benefits and protections of New Jersey's laws such that it should reasonably anticipate being haled into court here. On information and belief, Mylan Inc. has had persistent and continuous contacts with this judicial district, including developing, manufacturing and/or selling pharmaceutical products that are sold in this judicial district, its operation of offices in this district, and its filing of claims and counterclaims in this district. 11.
 
Mylan Pharmaceuticals and Mylan Inc. have previously stipulated and/or consented to personal jurisdiction in this district in numerous prior patent cases as well as in the

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