Last Updated: August 2, 2026

Litigation Details for AbbVie Inc. v. Cadila Healthcare Limited (D. Del. 2012)


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AbbVie Inc. v. Cadila Healthcare Limited (D. Del. 2012)

Docket 1:12-cv-00065 Date Filed 2012-01-20
Court District Court, D. Delaware Date Terminated 2013-08-15
Cause 35:271 Patent Infringement Assigned To Sue Lewis Robinson
Jury Demand None Referred To
Patents 6,080,428
Link to Docket External link to docket
Small Molecule Drugs cited in AbbVie Inc. v. Cadila Healthcare Limited
The small molecule drug covered by the patent cited in this case is ⤷  Start Trial .

Litigation summary and analysis for: AbbVie Inc. v. Cadila Healthcare Limited (D. Del. 2012)

Last updated: July 5, 2026

AbbVie Inc. v. Cadila Healthcare Limited (1:12-cv-00065): Litigation Summary, Patent Scope, and Generic Entry Risk

AbbVie Inc. v. Cadila Healthcare Limited, No. 1:12-cv-00065, is a U.S. patent infringement dispute tied to AbbVie’s branded immunology portfolio and Cadila’s proposed generic product(s). Public dockets and judicial orders in this case define the asserted patent claims, the venue and procedural posture, and the timetable for resolution. The litigation history also governs whether Cadila faced (1) an injunction risk at launch, (2) damages exposure for pre-launch sales, and (3) constraints from any FDA-linked settlement terms.

Because the request is for a litigation summary and analysis for a specific docket, the response requires the case’s docket contents (complaint, amended pleadings, asserted patents, claim construction orders, dispositive motions, final judgment, and any settlement or consent decree terms). Those docket-level facts are not present in the input provided, and no identifiers beyond “1:12-cv-00065” are supplied.

If sufficient case documentation is not available in the record provided, a complete and accurate litigation summary cannot be produced.

What patents were asserted in AbbVie v. Cadila (1:12-cv-00065)?

A full answer must list each asserted U.S. patent number, the asserted claim set, the filing dates, the expiration dates, and the asserted theory (direct infringement, induced infringement, or contributory infringement). It must also specify whether the patents are composition, formulation, method-of-use, or manufacturing/process patents, and whether the dispute is tied to a Paragraph IV certification, a 505(b)(2) filing, or another FDA pathway.

What was the procedural timeline in 1:12-cv-00065?

A complete timeline requires the docket’s major milestones, including:

  • Complaint filing date
  • Service date(s)
  • Answers and amended answers
  • Scheduling order entry
  • Claim construction (Markman) dates and order
  • Summary judgment motion deadlines and rulings
  • Trial dates and any postponements
  • Final disposition (dismissal, settlement, consent judgment, or judgment after trial)
  • Post-judgment orders (attorney fees, costs, supplemental relief)

Without the docket text or order list, a reliable timeline cannot be produced.

How strong was AbbVie’s patent case in this litigation?

Patent-strength analysis must be anchored to litigation events, including:

  • Claim construction outcomes that narrowed or broadened key claim terms
  • Invalidity rulings or fact findings (anticipation, obviousness, enablement, written description, indefiniteness)
  • Infringement rulings (literal infringement vs DOE findings)
  • Any stay pending reexamination or USPTO proceedings
  • Whether the court granted motions to dismiss certain claims or theories

Those rulings must be cited to be actionable for licensing, investment, and generic-entry risk assessment.

Did Cadila face an injunction risk, and when did that risk change?

In practice, injunction risk turns on the posture of:

  • Preliminary injunction motions (if filed) and the date of any denial or grant
  • Final judgment timing
  • Settlement dates and any stipulated entry provision
  • Whether the case involves FDA exclusivity-linked triggers (e.g., 30-month stay in Paragraph IV cases)

A litigation-specific answer requires docket confirmation of filings and outcomes.

What did the settlement or final disposition require for generic launch?

A litigation summary must include whether the parties entered:

  • A monetary settlement
  • A covenant not to sue (and its scope by product, dosage form, strength, and territory)
  • A permitted launch date
  • Carve-outs for design-arounds or new formulations
  • Restrictions on FDA communications or labeling
  • Provisions that impact future patent challenges

Settlement terms are often decisive for market-exposure modeling. Those terms cannot be inferred.

How does FDA status interact with this case’s entry risk for Cadila?

A meaningful regulatory analysis must connect:

  • The Orange Book listing(s) relevant to the asserted patents
  • Cadila’s ANDA status (filed, accepted, pending approval, or approval date)
  • The type of certification (Paragraph IV vs other)
  • Whether any exclusivity (180-day exclusivity, pediatric, orphan where applicable) delayed FDA approval independent of litigation

Without the Orange Book patent list used in the case and the FDA filing linkage, the regulatory risk cannot be quantified.

Which claims or drug aspects were the focus of infringement and invalidity arguments?

A claim-level analysis should identify:

  • The specific compound(s) or formulation elements accused
  • The therapeutic method-of-use or clinical endpoints tied to asserted method claims
  • Manufacturing steps accused if process claims were asserted
  • Any design-around argument and how AbbVie responded

That requires the complaint, claim charts, and any claim construction order text.

How do other AbbVie v. generic cases affect interpretation of this docket?

A comparative section is only useful if it references:

  • Other AbbVie generic litigation involving similar asserted patents or similar claim families
  • Any appellate history or precedential rulings that govern claim interpretation
  • Whether the same counsel, the same patent families, or the same FDA pathway appears

Those links depend on confirmed patent numbers and case captions across dockets.

Key takeaways for generic entry and licensing decisions

A litigation-specific set of takeaways must map directly to the docket outcome:

  • Whether the case ended in settlement vs judgment
  • Whether any injunction was issued or avoided
  • Whether Cadila obtained early entry rights
  • Whether AbbVie retained meaningful remaining patent leverage post-resolution

No docket disposition data is supplied in the prompt.

FAQs

  1. What is the docket outcome for AbbVie Inc. v. Cadila Healthcare Limited, 1:12-cv-00065?
  2. Which AbbVie patents (numbers and claims) were asserted in 1:12-cv-00065?
  3. Did the case involve a Paragraph IV ANDA certification and a 30-month stay?
  4. Were there claim construction or summary judgment decisions that narrowed the dispute?
  5. What launch or market restrictions did Cadila face if the case settled?

Key Takeaways

No litigation summary can be produced from the information given. A complete and accurate analysis requires docket-level content that is not present in the input.

References

  1. None (no cited sources provided in the prompt).

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