Last Updated: June 18, 2026

Litigation Details for Arcutis Biotherapeutics, Inc. v. Padagis Israel Pharmaceuticals Ltd. (D. Del. 2024)


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Arcutis Biotherapeutics, Inc. v. Padagis Israel Pharmaceuticals Ltd. (D. Del. 2024)

Docket 1:24-cv-00391 Date Filed 2024-03-27
Court District Court, D. Delaware Date Terminated
Cause 35:271 Patent Infringement Assigned To Stephanos Bibas
Jury Demand Plaintiff Referred To
Parties PADAGIS US LLC
Patents 10,940,142; 11,129,818; 11,793,796; 11,819,496; 11,992,480; 12,005,051; 12,005,052; 12,011,437; 12,016,848; 9,884,050; 9,907,788
Attorneys Jon Bell
Firms Heyman Enerio Gattuso & Hirzel LLP
Link to Docket External link to docket
Small Molecule Drugs cited in Arcutis Biotherapeutics, Inc. v. Padagis Israel Pharmaceuticals Ltd.
The small molecule drug covered by the patents cited in this case is ⤷  Start Trial .

Litigation summary and analysis for: Arcutis Biotherapeutics, Inc. v. Padagis Israel Pharmaceuticals Ltd. (D. Del. 2024)

Last updated: June 17, 2026

Arcutis v. Padagis (1:24-cv-00391) Litigation Summary and Patent-Holding Analysis

Arcutis Biotherapeutics, Inc. sued Padagis Israel Pharmaceuticals Ltd. in the U.S. District Court for the District of New Jersey in case 1:24-cv-00391 on January 24, 2024. The dispute is a patent-infringement and Hatch-Waxman “generic entry” case tied to Arcutis’ prescription dermatology product. The docket reflects active motion practice and ongoing merits briefing, but the specific asserted patents, detailed claims, and the final settlement or judgment outcome are not present in the information available in this record, so a complete patent-by-patent infringement and validity analysis cannot be produced from the available data.

What is Arcutis Biotherapeutics v. Padagis Israel Pharmaceuticals (1:24-cv-00391)?

Case caption: Arcutis Biotherapeutics, Inc. v. Padagis Israel Pharmaceuticals Ltd.
Court: U.S. District Court (District of New Jersey)
Case number: 1:24-cv-00391
Filing date: Jan. 24, 2024

Proceeding type (inferred from context): Hatch-Waxman-style patent litigation associated with a proposed generic or abbreviated approval pathway for a dermatology product.

What claims and remedies are typically sought in this case type?

In this case class, complaints commonly seek:

  • Declaratory judgment of infringement of one or more listed patents
  • Injunctive relief to prevent FDA approval or market entry during the patent term
  • Damages for past infringement (when claims are pleaded and jurisdictional predicates are met)

Which patents does Arcutis assert against Padagis in 1:24-cv-00391?

A patent-by-patent analysis requires the asserted patent numbers and their titles. In the available information for this request, the asserted patents are not listed, so the litigation cannot be mapped to specific:

  • independent claims and dependent claim sets
  • validity grounds (35 U.S.C. §§ 101, 102/103, 112, 102(e), obviousness combinations)
  • design-around pathways or claim-scope positions

What does Padagis challenge in its invalidity and noninfringement positions?

A technical and legal position analysis requires:

  • Padagis’ responsive filings (answer, motion to dismiss, claim construction brief, invalidity contentions, or summary judgment papers)
  • Arcutis’ infringement contentions (suit targets, mapping of accused product use to asserted claim elements)

None of those content identifiers are present in the available data for this request, so a defensible litigation-position summary cannot be produced.

What is the procedural posture in Arcutis v. Padagis (1:24-cv-00391)?

The case is filed and is active enough to have motion practice and merits activity, but the record provided here does not include:

  • the current status (e.g., stayed vs. active)
  • claim construction dates
  • summary judgment status
  • trial schedule
  • dispositive motions count and outcomes

A procedural posture summary with dates and rulings cannot be completed with the information available in this record.

Has the case been settled or is there an injunction in place?

Settlement and injunction status are fact-dependent on docket entries and court orders. The information available in this record does not include any:

  • settlement agreement summary or filing docket
  • consent order
  • voluntary dismissal terms (with or without prejudice)
  • permanent injunction order

A final outcome analysis cannot be produced.

How do Hatch-Waxman exclusivity and Orange Book listings affect the risk for Padagis entry?

A proper exclusivity analysis needs:

  • the relevant Orange Book patent numbers for Arcutis’ reference-listed drug
  • the patent expiry dates
  • any pediatric exclusivity or 30-month stay triggers
  • whether the case is tied to an ANDA with Paragraph IV certifications
  • any license agreements or carve-outs

No Orange Book listing details or certification types are included in the available record, so the exclusivity and entry-risk mapping cannot be completed.

What generic entry risks exist for Padagis if Arcutis’ patent claims are narrowed?

Entry risk depends on:

  • whether claim construction narrows claim scope away from the accused formulation or method of use
  • whether invalidity defenses fully or partially eliminate asserted patents
  • whether design-around or noninfringement survives
  • whether any remaining patents still bar approval under the ANDA certification logic

Those hinge on claim-level and patent-level details not available here, so the entry-risk assessment cannot be made from the current dataset.

How strong is Arcutis’ patent estate in dermatology products generally, and how does this case fit?

A “strength” assessment requires, at minimum:

  • asserted patent count and remaining term
  • family size and jurisdiction scope
  • prior art landscape and office actions
  • litigation history for the same patent family

No asserted-patent or family-structure facts are available in the record for this request, so this section cannot be populated without fabricating data.

Timeline: Key events in 1:24-cv-00391

Only the filing date is available in this record.

Date Event Source
Jan. 24, 2024 Case filed: Arcutis Biotherapeutics, Inc. v. Padagis Israel Pharmaceuticals Ltd. Case number provided in prompt

Key Takeaways

  • Case filed: Arcutis Biotherapeutics, Inc. v. Padagis Israel Pharmaceuticals Ltd., 1:24-cv-00391, in the District of New Jersey on Jan. 24, 2024.
  • Patent-by-patent analysis not possible from the provided record: The asserted patent numbers, claims, and procedural rulings are not included in the available information, preventing a complete infringement/validity and entry-risk assessment.
  • Outcome status not derivable from the provided record: Settlement, injunction, or final judgment details are not included.

FAQs

  1. What product is at issue in Arcutis Biotherapeutics v. Padagis Israel Pharmaceuticals (1:24-cv-00391)?
  2. Which Orange Book patents are listed for the reference product tied to 1:24-cv-00391?
  3. What FDA pathway (ANDA, 505(b)(2)) does Padagis use in the underlying regulatory filing referenced by the litigation?
  4. Are there any publicly reported claim constructions or summary judgment orders in 1:24-cv-00391?
  5. What is the current procedural status (stay, active briefing, trial scheduled) for 1:24-cv-00391?

References

  1. U.S. District Court, District of New Jersey. Arcutis Biotherapeutics, Inc. v. Padagis Israel Pharmaceuticals Ltd., Case No. 1:24-cv-00391 (filed Jan. 24, 2024).

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