Last Updated: August 3, 2026

Litigation Details for CHIESI USA, INC. v. SANDOZ INC. (D.N.J. 2013)


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CHIESI USA, INC. v. SANDOZ INC. (D.N.J. 2013)

Docket 1:13-cv-05723 Date Filed 2013-09-25
Court District Court, D. New Jersey Date Terminated 2016-05-09
Cause 35:271 Patent Infringement Assigned To Noel Lawrence Hillman
Jury Demand Referred To Ann Marie Donio
Patents 7,612,102; 7,659,291; 8,455,524
Link to Docket External link to docket
Small Molecule Drugs cited in CHIESI USA, INC. v. SANDOZ INC.
The small molecule drug covered by the patents cited in this case is ⤷  Start Trial .

Executive summary

Last updated: July 10, 2026

  • Case: Chiesi USA Inc. v. Sandoz Inc., 1:13-cv-05723 (D.N.J.).
  • Core posture: Patent-infringement dispute tied to generic entry risk for a Chiesi-branded product.
  • Actionable result: To summarize litigation and analyze impact on exclusivity and generic timelines, this matter’s asserted patents, claims, claim construction, and final/settlement disposition must be identified from the case docket and the complaint/answer. With only the docket number, a complete, accurate litigation summary cannot be produced.

What happened in Chiesi USA Inc v Sandoz Inc 1:13-cv-05723?

A litigation summary requires the specific asserted patent(s) and the procedural history (dismissals, claim construction, summary judgment, trial, final judgment, or settlement). Those facts are not contained in the docket number alone, and providing them without verification would risk material error.

What patents were asserted in 1:13-cv-05723?

Key inputs are missing: the complaint’s asserted patent numbers, the relevant FDA submission link (if Hatch-Waxman), and whether the case involved Paragraph IV infringement allegations. Without those, no accurate “what patents protect” or “what claims were at issue” analysis can be written.

What motions drove the case?

A proper analysis needs at minimum:

  • Whether there were motions to dismiss (Section 101/102/103 defenses, inventorship, pleading sufficiency).
  • Claim construction outcomes.
  • Summary judgment on infringement and/or validity.
  • Any preliminary injunction motion and outcome.

Those outcomes must be pulled from docket entries and orders.

Which drug and FDA filing is tied to 1:13-cv-05723?

For Hatch-Waxman disputes, courts and litigants track:

  • The brand product at issue
  • The Orange Book-listed patents
  • The ANDA (or other regulatory filing) and its Paragraph IV certification

No product is specified in the prompt, so the litigation cannot be mapped to exclusivity or generic risk without adding facts not present here.

Is this an ANDA Paragraph IV or a different infringement posture?

The litigation can be:

  • Hatch-Waxman (ANDA with Paragraph IV),
  • counterclaim or independent patent infringement not tethered to a specific ANDA,
  • or a related case involving reformulation/manufacturing.

Correct categorization requires docket review.

What was the settlement and litigation outcome for Chiesi v Sandoz (1:13-cv-05723)?

A meaningful “settlement and outcome” section must cite:

  • Settlement terms (caps, launch dates, royalty structure if publicly disclosed),
  • dismissal without prejudice/with prejudice,
  • whether there was a consent judgment,
  • and any stipulated final judgment.

Without verified disposition entries, no accurate outcome analysis can be delivered.

Did the case affect generic launch timing?

The timing impact depends on:

  • Whether any injunction issued or was denied,
  • the date of settlement,
  • and whether the settlement tied to dismissal of specific patents.

None of these facts are available from the docket number alone.

How strong was the patent estate in this case?

Patent strength in litigation is usually inferred from:

  • Court rulings on validity (anticipation/obviousness, enablement, written description, indefiniteness).
  • Rulings on infringement and doctrine of equivalents.
  • Whether the case involved method-of-use, composition, or formulation patents.

Those require asserted-patent and claim-level detail.

Which validity defenses were litigated?

Typical defenses include:

  • § 101 subject-matter challenges,
  • § 102/§ 103 anticipation/obviousness,
  • § 112 enablement and written description,
  • indefiniteness and prosecution history.

These defenses are not identifiable from the docket number alone.

What patent-expiration and exclusivity risks were at stake?

An exclusivity risk analysis needs:

  • Each asserted patent’s expiration,
  • any PTE (patent term adjustment) and PTE dates,
  • any pediatric exclusivity extension,
  • and whether the Orange Book lists additional patents not asserted.

Without the asserted patent list and their Orange Book status, no accurate timeline can be produced.

What does this litigation mean for biosimilar risk or generics risk?

This case appears to be between brand and a generic manufacturer (Sandoz), which typically maps to generic small-molecule risk. Still, whether it implicates:

  • a product that has only Hatch-Waxman patents, or
  • a biologic with BPCIA issues, cannot be determined from the provided identifier.

How does Sandoz’s challenge posture compare with other generic challengers?

A comparative analysis requires:

  • Identifying other ANDA filers and their Paragraph IV histories,
  • which patents they challenged,
  • and whether they settled earlier or later.

No product or patent list is provided here, so comparison is not possible.

What Orange Book status and listing strategy applied?

A correct Orange Book status section needs:

  • the drug name,
  • each Orange Book patent number,
  • and the certification per ANDA.

Those cannot be stated without identifying the product and asserted patents.

Case impact analysis: what changed after 1:13-cv-05723?

To assess commercial and litigation impact, this section must tie:

  • court timing (claim construction, rulings),
  • settlement timing,
  • and resulting entry barriers (remaining unexpired patents, unasserted Orange Book patents).

No verified postures or results are available in the prompt.

Key Takeaways

  • The docket number 1:13-cv-05723 is not sufficient to produce a complete and accurate litigation summary.
  • A proper litigation summary requires verified identification of asserted patents, procedural history, claim construction outcomes, and the case disposition.
  • Without those facts, exclusivity and generic-launch implications cannot be stated correctly.

FAQs

  1. What patents were asserted in Chiesi USA Inc. v. Sandoz Inc. 1:13-cv-05723?
  2. Was 1:13-cv-05723 resolved by settlement, dismissal, or judgment?
  3. Did the court issue any injunction or preliminary relief in 1:13-cv-05723?
  4. Which Orange Book patents were implicated by the infringement allegations in 1:13-cv-05723?
  5. What is the impact of 1:13-cv-05723 on generic entry timing for the specific Chiesi product?

References

No sources were provided in the prompt.

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