CLARKSBURG - Janssen Pharmaceutica has filed a lawsuit against Mylan Pharmaceuticals, claiming patent infringement.
On Sept. 23 2014, the U.S. Patent and Trademark Office issued the '310 Patent, entitled "Combinations of a Pyrimidine Containing NNRTI with RT Inhibitors" and Janssen Sciences Ireland UC holds the title of the patent, according to a complaint filed in U.S. District Court for the Northern District of West Virginia.
Janssen Pharmaceutica holds the title to a '879 Patent titled "HIV Inhibiting Pyrimidines Derivatives" and Janssen Pharmaceutica also holds the title to a '629 Patent.
Janssen Pharmaceutica; Janssen Sciences; Gilead Sciences Inc.; and Gilead Sciences Ireland UC claim they have entered into a collaboration agreement for the development and commercialization of Complera and they have exclusive license under the patents for the development of Complera.
On July 27, the plaintiffs received a letter stating that Mylan were seeking approval from the Food and Drug Administration to commercially manufacture, use, import, offer for sale and sell Mylan's generic tablets prior to the expiration of the three patents, according to the suit.
The plaintiffs claim they have no adequate remedy at law to redress the infringement by Mylan and will be irreparably harmed if Mylan is not enjoined from infringing or actively inducing or contributing to infringement of the three patents.
The plaintiffs are seeking a judgment that Mylan has infringed on the three patents; a judgment that the effective day of any approval of Mylan's ANDA is not earlier than the day after the expiration of the three patents; a judgment declaring and permanently enjoining the defendants from making, using, offering to sell, selling or importing of the Mylan generic tablets and that it would constitute infringement; and compensatory damages.
They are being represented by Gregory L. Diskant, Irene Royzman, Ryan M. Mott and Lachlan Campbell-Verduyn of Patterson Belknap Webb & Tyler LLP; and Chad L. Taylor, Frank E. Simmerman Jr. and Frank E. Simmerman III of Simmerman Law Office PLLC.
The case is assigned to District Judge Irene Keeley.
U.S. District Court for the Northern District of West Virginia case number 1:15-cv-00152