Last Updated: August 3, 2026

Litigation Details for Otsuka Pharmaceutical Co., Ltd. v. Amneal Pharmaceuticals LLC (D. Del. 2019)


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Otsuka Pharmaceutical Co., Ltd. v. Amneal Pharmaceuticals LLC (D. Del. 2019)

Docket 1:19-cv-01952 Date Filed 2019-10-15
Court District Court, D. Delaware Date Terminated
Cause 35:271 Patent Infringement Assigned To
Jury Demand None Referred To
Patents 7,888,362; 8,349,840; 8,618,109; 9,839,637
Link to Docket External link to docket
Small Molecule Drugs cited in Otsuka Pharmaceutical Co., Ltd. v. Amneal Pharmaceuticals LLC
The small molecule drug covered by the patents cited in this case is ⤷  Start Trial .

Details for Otsuka Pharmaceutical Co., Ltd. v. Amneal Pharmaceuticals LLC (D. Del. 2019)

Date Filed Document No. Description Snippet Link To Document
2019-10-15 External link to document
2019-10-15 4 Patent/Trademark Report to Commissioner of Patents the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,888,362; 8,349,840; 8,618,109… 15 October 2019 1:19-cv-01952 835 Patent - Abbreviated New Drug Application(ANDA) None External link to document
>Date Filed >Document No. >Description >Snippet >Link To Document

Litigation summary and analysis for: Otsuka Pharmaceutical Co., Ltd. v. Amneal Pharmaceuticals LLC (D. Del. 2019)

Last updated: July 27, 2026

Executive summary

  • Case: Otsuka Pharmaceutical Co., Ltd. v. Amneal Pharmaceuticals LLC, No. 1:19-cv-01952.
  • Parties: Otsuka Pharmaceutical Co., Ltd. (and related entities) vs. Amneal Pharmaceuticals LLC.
  • Core posture: Patent litigation tied to FDA generic/biosimilar entry under the Hatch-Waxman framework (Paragraph IV-type dispute), with Otsuka asserting an Orange Book patent estate against Amneal’s proposed product.
  • Public record constraints: The request provides only the docket number and the case caption. Without the complaint, claim chart, asserted patent list, ANDA/BLA reference, or settlement document, a complete, accurate litigation summary (asserted patents, dates, outcomes, and the commercial impact) cannot be produced.

Litigation summary: What patents did Otsuka assert against Amneal in 1:19-cv-01952?

Answer (required for completeness): Not determinable from the provided information.

What typically determines the asserted-patent set in this docket

A litigation summary for a Hatch-Waxman case must identify, at minimum:

  • The asserted Orange Book patents (numbers, titles, expiration dates).
  • Whether claims were asserted for composition, formulation, method-of-use, or manufacturing.
  • The ANDA reference product and proposed strengths/dosage forms tied to the infringement theory.
  • The procedural stage reached (TRO/preliminary injunction, discovery, Markman, trial, PTAB interactions, appeal).

None of these inputs are included in the request, so the asserted patent set cannot be stated accurately.

What happened procedurally in Otsuka v. Amneal (1:19-cv-01952)?

Answer (required for completeness): Not determinable from the provided information.

Procedural milestones that must be stated for a credible summary

  • Filing date of complaint and jurisdictional basis (D.N.J., D. Del., or other district).
  • Amneal’s responsive filings (answer and defenses).
  • Court rulings on claim construction (Markman schedule).
  • Status of injunction requests.
  • Disposition (dismissal, summary judgment, consent judgment, settlement, stipulation of dismissal).
  • Any appellate history (Federal Circuit), PTAB stays, or reexaminations.

No docket events or decisions are provided, so the case trajectory cannot be summarized.

How did the court rule on infringement, validity, and enforceability?

Answer (required for completeness): Not determinable from the provided information.

What a litigation analysis requires

A litigation analysis must tie outcomes to:

  • Infringement findings (direct, induced, or willfulness allegations).
  • Validity challenges (anticipation/obviousness, enablement, written description).
  • Enforceability (inequitable conduct, prosecution history estoppel, statutory bars).
  • Design-around relevance (claim construction outcomes and “at-risk” formulation/manufacturing steps).

Without the decision(s) or settlement terms, there is no factual basis to characterize the ruling.

Did Otsuka and Amneal settle? What does the settlement mean for launch timing?

Answer (required for completeness): Not determinable from the provided information.

Settlement terms that change exclusivity and risk

A settlement in an ANDA Paragraph IV case can include:

  • “First commercial marketing” dates and/or delayed launch.
  • Covenants not to sue tied to claim scope.
  • Design-around commitments (different salts, excipients, particle size, dissolution profile).
  • Trigger dates tied to FDA approval, patent expirations, or regulatory exclusivity.

No settlement agreement details are included, so launch timing cannot be analyzed.

What is the Orange Book status that underpins the litigation for this case?

Answer (required for completeness): Not determinable from the provided information.

Orange Book data needed for analysis

A litigation-linked Orange Book summary must specify:

  • Drug name (reference listed drug).
  • Applicant of record and listed Orange Book patents (method-of-use vs. drug substance/formulation).
  • Remaining patent and exclusivity at the time of filing.
  • Patent expiration and pediatric exclusivity windows.
  • Whether the patents were FDA Orange Book-listed for the same strength/dosage form.

The requested materials do not provide the drug identity, strengths, or the Orange Book patent numbers.

What generic entry risks existed for Amneal after the filing?

Answer (required for completeness): Not determinable from the provided information.

Risk depends on case posture and patent coverage

Launch risk is driven by:

  • Whether Otsuka obtained injunctive relief.
  • Whether the patents at issue were ruled invalid/unenforceable or not infringed.
  • Whether the court issued an order staying proceedings during PTAB review.
  • Remaining non-infringed/remaining asserted patents.

These determinations require docket outcomes not provided here.

How does this case fit Otsuka’s broader patent strategy versus Amneal or other generics?

Answer (required for completeness): Not determinable from the provided information.

Comparative analysis requires case-linked drug identity

A meaningful strategy comparison needs:

  • The therapeutic area and product (drug substance).
  • The asserted patent types (composition vs. method-of-use vs. formulation).
  • The pattern of settlements and common claim targets across Otsuka litigations.

No product details are included, preventing an accurate comparative strategy assessment.

Claim-scope analysis: Which patent claim elements usually drive outcomes in this posture?

Answer (required for completeness): Not determinable from the provided information.

Typical claim elements to map (only applicable once patents are known)

Depending on the patent family, infringement analysis often hinges on:

  • Specific chemical structures or salt forms.
  • Particle size distribution or crystal form.
  • Formulation constraints (excipients, ratios, coating polymers).
  • Dosing regimen parameters for method-of-use claims.
  • Manufacturing process steps that differentiate product design-arounds.

Because the asserted patents are not listed, this section cannot be populated with accurate elements.

Timeline of key events (what must be charted for this docket)

Answer (required for completeness): Not determinable from the provided information.

Timeline template (unfilled)

  • Complaint filed: [date not provided]
  • Answer / procedural motions: [dates not provided]
  • Claim construction: [dates not provided]
  • Summary judgment/trial: [dates not provided]
  • Settlement/consent judgment/stipulation: [date not provided]
  • FDA approval and launch: [not provided]

Key case artifacts to include in a litigation package (and why they matter)

Answer (required for completeness): Not determinable from the provided information.

A litigation-grade summary requires:

  • Complaint (asserted patents, counts, ANDA details).
  • Motions and orders (Markman, venue, stay, PTAB).
  • Decision(s) (validity/infringement).
  • Settlement agreement or court-approved consent order.
  • Docket sheet with event dates.

These artifacts are not provided in the prompt.

Key Takeaways

  • A litigation summary and analysis for Otsuka Pharmaceutical Co., Ltd. v. Amneal Pharmaceuticals LLC, 1:19-cv-01952, requires asserted patent identification, procedural dispositions, and any settlement terms.
  • The provided request contains only the case caption and docket number, which is insufficient to produce an accurate, business-useful litigation narrative without risking factual error.

FAQs

  1. What is the docket history of 1:19-cv-01952 and which dates were most consequential for the outcome?
  2. Which Orange Book patents did Otsuka assert in Otsuka v. Amneal (1:19-cv-01952)?
  3. Did Amneal enter “at risk,” and how do any court orders or settlement terms affect launch eligibility?
  4. Were any asserted patents stayed due to PTAB proceedings or reexamination in this case?
  5. How would the outcome of 1:19-cv-01952 influence other Amneal ANDAs targeting Otsuka’s portfolio?

References

  1. Otsuka Pharmaceutical Co., Ltd. v. Amneal Pharmaceuticals LLC, No. 1:19-cv-01952 (docket information provided in prompt).

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