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Cephalon et. al. v. Sandoz

Cephalon et. al. v. Sandoz

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-00821-UNA: Cephalon Inc. et. al. v. Sandoz Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l4s6 for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-00821-UNA: Cephalon Inc. et. al. v. Sandoz Inc. Filed in U.S. District Court for the District of Delaware, no judge yet assigned. See http://news.priorsmart.com/-l4s6 for more info.

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Published by: PriorSmart on Sep 17, 2011
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02/01/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWARECEPHALON, INC. and CIMALABS, INC.,Plaintiffs,
v.
Civil Action No.
11-
SANDOZ INC.Defendant.
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiffs Cephalon, Inc. and
CiMA
LABS,
INC.
(collectively, "Plaintiffs") for theircomplaint against Sandoz Inc. ("Sandoz" or "Defendant"), to the best
of
their knowledge,information and believe, hereby allege
as
follows:
THE
PARTIES
1.
Plaintiff Cephalon, Inc. ("Cephal on") is a Delaware corporation having aprincipal place
of
business at
41
Moores Road, Frazer, Pennsylvania 19355.
2.
Plaintiff
CrMA LABS, INC.
("CrMA")
is a Delaware corporation having a principalplace
of
business at 7325 Aspen Lane, Brooklyn Park, Minnesota 55428.
3.
On information and belief, Defendant Sandoz is a corporation organized andexisting under the laws
of
the State
of
Colorado, with a place
of
business at 506 Carnegie Center,Suite 400, Princeton,
NJ
08540.
4.
On information and belief, Sandoz is in the business
of
manufacturing,distributing, and selling generic pharmaceutical products throughout the United States, includingin this judicial district, and is registered to distribute drugs in the State
of
Delaware.
 
JURISDICTION AND VENUE
5.
This is an action for infringement
of
United States Patent Nos. 7,862,832 B2 ("the'832 patent") and 7,862,833 B2 ("the '833 patent") (together, "the patents-in-suit") under thePatent Laws
ofthe
United States, 35
U.S.c.
§ 100
et seq.,
including
§§
271
(e)(2), 271(a), 271(b),and 271(c), and for a declaratory judgment
of
infringement
of
the '832 and '833 patents under
28
U.S.C.
§§
2201 and 2202. Copies
of
the '832 and '833 patents are attached
as
Exhibits A and B,respectively.
6.
This Court has jurisdiction over the subject matter
of
this action pursuant to
28
U.S.C.
§§
1331, 1338,2201, and 2202.
7.
This Court has personal jurisdiction over Sandoz by virtue
of
the fact that,
inter
alia,
it has committed the tortious act
of
patent infringement pursuant to
35
U.S.C.§ 271 (e)(2)(A) that has led to foreseeable harm and injury to Plaintiffs, both
of
which areDelaware corporations.
8.
This Court also has personal jurisdiction over Sandoz
by
virtue
of
the fact that itregularly does or solicits business in Delaware, engages
in
other persistent courses
of
conduct inDelaware, and/or derives substantial revenue from services or things used or consumed inDelaware. These activities further demonstrate that Sandoz has continuous and systematiccontacts with Delaware.
9.
On information and belief, Sandoz has indicated that it is subject
to
personaljurisdiction in any judicial district in which it conducts business.10. On information and belief, Sandoz conducts business in the State
of
Delaware.2
 
11.
On
information and belief, Sandoz is registered with the Delaware Board
of
Pharmacy as a licensed "Distributor/Manufacturer CSR" (License No.
DSO
131) and "PharmacyWholesale" (License No. A4-0000260) pursuant to Del.
C.
§ 2540.12.
On
information and belief, Sandoz has derived substantial revenue from sales
of
pharmaceutical products in Delaware, including sales
of
over $30.6 million in 2008.13.
On
information and belief, Sandoz has entered into contracts with and/orpurchased goods or services from companies located in Delaware, including at least AgilentTechnologies, Inc., and LabWare, Inc.14. On information and belief, Sandoz has previously availed itself
of
this forum forpurposes
of
litigating its patent disputes. For example, Sandoz has submitted to the jurisdiction
of
this Court
by
asserting counterclaims in other civil actions initiated in this jurisdiction.Specifically, Sandoz consented to jurisdiction and filed counterclaims in
Daiichi San kyo
Co.,
LTD.
v.
Sandoz Inc.,
C.A. No. 09-898 (D. Del.);
Aventis Pharma S.A.
v.
Sandoz Inc.,
C.A. 09-810 (D. Del.);
Bone Care Int'l
LLCv.
Sandoz Inc.,
C.A. No. 09-524 (D. Del.);
Pfizer Inc.
v.
Sandoz Inc.,
C.A. No. 09-310 (D. Del.);
Abbott Labs.
v.
Sandoz Inc.,
C.A. No. 09-215 (D. Del.);
Medicis Ph arms. Corp.
v.
Mylan
Inc.
et al.,
C.A. No. 09-033 (D. Del.);
Endo Ph arms.
Inc.
v.
Sandoz Inc.,
C.A. No. 08-534 (D. Del.);
Wyeth
v.
Sandoz Inc.,
C.A. No. 08-317 (D. Del.); and
AstraZeneca Pharms.
LP
v.
Sandoz Inc.,
C.A. No. 07-807 (D. Del).15. As recently as December15,2009, in
Daiichi Sankyo
Co.,
LTD.
v.
Sandoz Inc.,
C.A. No. 09-898 (D. Del.), Sandoz consented to personal jurisdiction in Delaware.16. In these and other cases, Sandoz has engaged the services
of
various Delawarelaw firms to represent it and has repeatedly entered this District to litigate its patent disputesbefore this Court.
3

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