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

Alcon Pharmaceuticals et. al. v. Apotex et. al.

Ratings: (0)|Views: 154|Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 4:11-cv-00600-Y: Alcon Pharmaceuticals, Ltd. et. al. v. Apotex Inc. et. al. Filed in U.S. District Court for the Northern District of Texas, the Hon. Terry R Means presiding. See http://news.priorsmart.com/-l4kW for more info.
Official Complaint for Patent Infringement in Civil Action No. 4:11-cv-00600-Y: Alcon Pharmaceuticals, Ltd. et. al. v. Apotex Inc. et. al. Filed in U.S. District Court for the Northern District of Texas, the Hon. Terry R Means presiding. See http://news.priorsmart.com/-l4kW for more info.

More info:

Published by: PriorSmart on Aug 26, 2011
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

02/01/2013

pdf

text

original

 
 
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXASFORT WORTH DIVISION
ALCON PHARMACEUTICALS, LTD., and )ALCON RESEARCH, LTD., ))Plaintiffs, ))v. ) Civil Action No. ________________)APOTEX INC. and APOTEX CORP., ))Defendants. ))
COMPLAINT
Plaintiffs Alcon Pharmaceuticals, Ltd. and Alcon Research, Ltd. (collectively“Plaintiffs”), by their attorneys, for their Complaint, allege as follows:
NATURE OF THE ACTION
1.
 
This is an action for patent infringement under the patent laws of the UnitedStates, Title 35, United States Code, that arises out of the filing by Apotex of an AbbreviatedNew Drug Application (“ANDA”) with the United States Food and Drug Administration(“FDA”) seeking approval to manufacture and sell a generic version of Patanase
®
nasal spray, adrug product containing olopatadine hydrochloride, prior to the expiration of United StatesPatent No. 7,977,376.
PARTIES
2.
 
Alcon Pharmaceuticals, Ltd. is a corporation organized and existing under thelaws of Switzerland, having its principal place of business at Route des Arsenaux 41, 1701Fribourg, Switzerland.
Complaint – Page 1
1272930_1
 
 
3.
 
Alcon Research, Ltd. is a corporation organized and existing under the laws of theState of Delaware,
 
having its corporate offices and principal place of business at 6201 SouthFreeway, Fort Worth, Texas 76134.4.
 
Upon information and belief, Apotex Inc. is a corporation organized and existingunder the laws of Canada, having its principal place of business at 150 Signet Dr., Weston,Ontario M9L 1T9, Canada. Upon information and belief, Apotex Inc. is in the business of,among other things, manufacturing and selling generic versions of branded pharmaceuticalproducts for the U.S. market through various operating subsidiaries, including Apotex Corp.5.
 
Upon information and belief, Apotex Corp. is a corporation organized andexisting under the laws of the State of Delaware, having its principal place of business at 2400North Commerce Parkway, Suite 400, Weston, Florida, 33326. Upon information and belief,Apotex Corp. is in the business of, among other things, manufacturing and selling genericversions of branded pharmaceutical products for the United States market. Apotex Corp. is awholly-owned subsidiary of Apotex Inc.6.
 
Except where otherwise noted, Apotex Inc. and Apotex Corp. are referred tocollectively herein as “Apotex.”
JURISDICTION AND VENUE
7.
 
This court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338(a),2201, and 2202.8.
 
Venue in this district is proper pursuant to 28 U.S.C. §§ 1391 and 1400(b).9.
 
Upon information and belief, Apotex is subject to personal jurisdiction in Texasand the Northern District of Texas because, among other things, it is in the business of manufacturing pharmaceutical products, which it distributes, markets, and sells throughout the
Complaint – Page 2
1272930_1
 
 
United States, including the State of Texas and the Northern District of Texas. Apotex thereforeregularly transacts and/or solicits business in the State of Texas and the Northern District of Texas, and has purposefully availed itself of this forum such that it should reasonably anticipatebeing haled into court here.10.
 
Upon information and belief, Apotex Inc. submits ANDAs and manufacturesgeneric copies of branded pharmaceutical products for the United States market. Uponinformation and belief, Apotex Inc., itself and through its wholly-owned subsidiary ApotexCorp., distributes, markets, and/or sells those generic pharmaceutical products throughout theUnited States and within the State of Texas and the Northern District of Texas.11.
 
Upon information and belief, Apotex Inc., itself and through its wholly-ownedsubsidiary Apotex Corp., is a party to one or more contractual agreements regarding thedistribution of generic pharmaceutical products in the State of Texas and the Northern District of Texas.12.
 
Upon information and belief, Apotex Inc., itself and through its wholly-ownedsubsidiary Apotex Corp., earns revenue from the distribution of generic pharmaceutical productsin the State of Texas and the Northern District of Texas.13.
 
In addition, on information and belief, Apotex Inc. is subject to personal jurisdiction in Texas on the basis of its inducement of and/or contribution to Apotex Corp.’s actsof infringement in Texas. On information and belief, Apotex Inc. controls and dominatesApotex Corp. and therefore the activities of Apotex Corp. in this jurisdiction are attributed toApotex Inc.
Complaint – Page 3
1272930_1

You're Reading a Free Preview

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