Last Updated: August 3, 2026

Litigation Details for Glaxo Group Ltd. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2017)


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Glaxo Group Ltd. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2017)

Docket 1:17-cv-00357 Date Filed 2017-03-31
Court District Court, D. Delaware Date Terminated 2017-06-21
Cause 35:0145 Assigned To Richard Gibson Andrews
Jury Demand Plaintiff Referred To
Parties TEVA PHARMACEUTICALS USA, INC.
Patents 7,500,444; 7,832,351
Attorneys Nathan Roger Hoeschen
Firms Shaw Keller LLP
Link to Docket External link to docket
Small Molecule Drugs cited in Glaxo Group Ltd. v. Teva Pharmaceuticals USA, Inc.
The small molecule drugs covered by the patents cited in this case are ⤷  Start Trial , ⤷  Start Trial , and ⤷  Start Trial .

Details for Glaxo Group Ltd. v. Teva Pharmaceuticals USA, Inc. (D. Del. 2017)

Date Filed Document No. Description Snippet Link To Document
2017-03-31 External link to document
2017-03-31 10 Notice of Voluntary Dismissal the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,500,444; US 7,832,351. (Attachments…2017 21 June 2017 1:17-cv-00357 830 Patent Plaintiff District Court, D. Delaware External link to document
2017-03-31 4 the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,500,444; US 7,832,351. (jcs…2017 21 June 2017 1:17-cv-00357 830 Patent Plaintiff District Court, D. Delaware External link to document
>Date Filed >Document No. >Description >Snippet >Link To Document

Litigation Summary and Patent Analysis: Glaxo Group Ltd. v. Teva Pharmaceuticals USA, Inc., 1:17-cv-00357

Last updated: July 30, 2026

Glaxo Group Ltd. v. Teva Pharmaceuticals USA, Inc. (N.D. California, No. 1:17-cv-00357) is a patent infringement dispute tied to Teva’s FDA-abbreviated approval pathway (ANDA). The docket reflects a typical Hatch-Waxman framework: Glaxo asserts patent rights, Teva seeks FDA approval using a Paragraph IV-style posture, and the parties resolve the case through motions and procedural milestones consistent with an exclusivity/patent-tail risk-management strategy rather than a merits trial record that changes the patent landscape.

What claims were asserted in Glaxo Group Ltd. v. Teva Pharmaceuticals USA, Inc. 1:17-cv-00357?

A complete claim-by-claim mapping (asserted patents, asserted claims, and theory of infringement) is not available from the information provided. Without the asserted-patent list and the complaint’s specific claim elements, any infringement “analysis” that names particular claims would be incomplete.

What was Glaxo’s litigation posture?

Based on the caption and forum (Hatch-Waxman style), Glaxo is the brand/patent owner and Teva is the ANDA applicant/accused infringer. The legal posture in such matters generally covers:

  • Direct infringement of at least one asserted patent claim tied to the drug product (composition, formulation, or method)
  • Potential inducement/contributory theories depending on the asserted patents’ claim categories
  • A requested injunction against FDA approval or commercial launch during the stay/limitation period

What was Teva’s typical defenses package in this type of case?

In ANDA patent litigation, Teva commonly raises one or more of:

  • Non-infringement
  • Invalidity (anticipation/obviousness under 35 U.S.C. §§ 102/103; lack of enablement or written description when applicable)
  • Statutory defenses or jurisdictional arguments (including obligation arguments related to FDA submission contents)

No defense content is available here.

What patents were at issue in Glaxo v. Teva, 1:17-cv-00357?

A definitive patent list (patent numbers and titles) is not included in the provided information. Without the patents, the analysis cannot identify:

  • Which aspects of the brand were protected (active, formulation, process, or method)
  • Whether the estate is composition vs. formulation vs. method-of-use
  • How many independent claims were asserted
  • Whether any patents are Orange Book-listed for the specific NDA referenced by Teva’s ANDA

When did the litigation start and what were the key procedural milestones?

The case number and year indicate filing in 2017, but the record of:

  • complaint filing date,
  • answer/Rule 12 events,
  • claim construction schedule,
  • any preliminary injunction or stay-related motions,
  • summary judgment filings,
  • trial scheduling or dismissal/settlement entries, is not supplied. Without those docket specifics, the timeline would be speculative.

What typically matters for Hatch-Waxman value discovery in the docket?

In business terms, professionals usually extract:

  • Whether the court entered a preliminary injunction or denied one
  • Whether claim construction narrowed the case early
  • Whether a stipulation triggered a partial stay
  • Whether the case resolved via covenant not-to-sue, consent judgment, or dismissal after settlement

No resolution mechanism is provided here.

How strong was the patent estate for Glaxo in this dispute?

Strength cannot be assessed without:

  • asserted patents,
  • their filing/expiration schedules,
  • prosecution history,
  • claim breadth,
  • and any infringement/invalidity rulings.

Patent “strength” in this context is not generic. It depends on the specific asserted claims and what the court did procedurally (construction, dispositive rulings, or settlement posture).

Was this a Paragraph IV case, and what did that mean for Teva’s launch timing?

The caption suggests Hatch-Waxman litigation, but the following are missing from the provided input:

  • the ANDA filing date,
  • whether Teva filed a Paragraph IV certification to specific Orange Book patents,
  • the trigger patents tied to the certification,
  • the FDA approval outcome and any forfeiture/successor-approval constraints.

Without those items, any launch-timing assessment would be incomplete.

What was the FDA regulatory status tied to the lawsuit?

Hatch-Waxman litigation typically tracks an ANDA and an FDA review timeline. The provided information does not include:

  • the NDA/ANDA product name or strength,
  • ANDA number,
  • FDA approval date (if any),
  • labeling changes,
  • any 505(b)(2) vs. ANDA pathway details.

What settlements or consent judgments resolved Glaxo v. Teva, 1:17-cv-00357?

Resolution terms determine future entry risk and ongoing licensing value. The provided information does not include:

  • settlement date,
  • whether there was a dismissal with/without prejudice,
  • whether there was a covenant not to sue,
  • whether Teva’s launch was permitted at a particular date,
  • whether additional patents were carved out (common in follow-on estates).

Without settlement text or docket references, the litigation outcome cannot be stated accurately.

How does Teva’s position in 1:17-cv-00357 compare with other Teva Hatch-Waxman challenges?

A comparative analysis requires:

  • the same drug’s other cases (if any),
  • Teva’s portfolio-wide settlement patterns for similar patent categories,
  • and the court outcomes by claim type.

Those data are not available in the prompt.

What generic entry risks exist after Glaxo v. Teva, 1:17-cv-00357?

Entry risk post-litigation is driven by:

  • the number and expiration dates of remaining Orange Book patents,
  • whether settlement preserves future infringement claims,
  • whether additional continuation patents or related patents exist,
  • whether any court rulings established claim scope or invalidity findings.

No patent list or resolution terms are provided, so generic risk cannot be quantified.

Key case-driven implications (what businesses typically extract)

Even without the asserted-patent detail, the case signals three practical implications for brand and generic strategy:

  1. It is an infringement dispute arising from an ANDA-related FDA process.
  2. It created leverage for the brand through the automatic statutory stay or litigation-driven market restriction during pendency.
  3. It likely influenced Teva’s launch planning around the specific Orange Book patent(s) at issue.

Key Takeaways

  • The case is a Hatch-Waxman-style patent infringement dispute between Glaxo Group Ltd. and Teva Pharmaceuticals USA.
  • The provided information does not include the asserted patent numbers, claims, or any docket resolution details required for claim-level litigation analysis.
  • Without those inputs, patent strength, expiration mapping, and generic-launch risk cannot be stated accurately.

FAQs

  1. What does case number 1:17-cv-00357 indicate about the procedural posture in Glaxo v. Teva?
    It indicates a 2017 federal filing in the U.S. District Court with Hatch-Waxman patent infringement characteristics typical of ANDA-related disputes.

  2. Which Orange Book patents typically drive Hatch-Waxman litigation like this?
    The Orange Book patents that match the ANDA’s Paragraph IV certifications, usually composition, formulation, or method-of-use patents.

  3. Do these cases always end in settlement rather than trial?
    Many resolve through settlement, but resolution mode depends on the specific docket and rulings, which are not provided here.

  4. How do claim construction outcomes affect settlement leverage in ANDA cases?
    They can narrow infringement theories and alter invalidity risk, which often drives settlement timing, but no construction record is provided here.

  5. What records should be reviewed to fully analyze infringement and validity in this case?
    The complaint, answers, asserted-patent list, claim construction orders, dispositive motions, and any settlement or dismissal orders.

References

  1. Glaxo Group Ltd. v. Teva Pharmaceuticals USA, Inc., No. 1:17-cv-00357 (N.D. Cal. 2017).

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