Last Updated: May 3, 2026

Litigation Details for Sun Pharma Global FZE v. Teva Pharmaceuticals USA, Inc. (D. Del. 2018)


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Sun Pharma Global FZE v. Teva Pharmaceuticals USA, Inc. (D. Del. 2018)

Docket 1:18-cv-01552 Date Filed 2018-10-09
Court District Court, D. Delaware Date Terminated 2020-05-07
Cause 35:271 Patent Infringement Assigned To Richard Gibson Andrews
Jury Demand None Referred To
Parties SUN PHARMA GLOBAL FZE
Patents 10,292,990; 9,889,144
Attorneys Stephen B. Brauerman
Firms Bayard, P.A.
Link to Docket External link to docket
Small Molecule Drugs cited in Sun Pharma Global FZE v. Teva Pharmaceuticals USA, Inc.
The small molecule drug covered by the patents cited in this case is ⤷  Start Trial .

Details for Sun Pharma Global FZE v. Teva Pharmaceuticals USA, Inc. (D. Del. 2018)

Date Filed Document No. Description Snippet Link To Document
2018-10-09 External link to document
2018-10-09 1 infringement of United States Patent No. 9,889,144 (“the ’144 patent”) under 35 U.S.C. § 271(e)(2) and…PTO duly and legally issued U.S. Patent No. 9,889,144 (“the ’144 patent”), entitled “Abiraterone Acetate…infringement of said patent under 35 U.S.C. § 271(a) and 28 U.S.C. §§ 2201-02. The ’144 patent covers Sun’s …in the ’144 patent to iCeutica Inc., who in turn assigned its interest in the ’144 patent to Churchill…interest in and to the ’144 patent. A true and correct copy of the ’144 patent is attached hereto as Exhibit External link to document
2018-10-09 37 Patent/Trademark Report to Commissioner of Patents Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,889,144 ;US 10,292,990 . (Morrison…October 2018 7 May 2020 1:18-cv-01552 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: Sun Pharma Global FZE v. Teva Pharmaceuticals USA, Inc. (D. Del. 2018)

Last updated: April 24, 2026

Sun Pharma Global FZE v. Teva Pharmaceuticals USA, Inc. (1:18-cv-01552): Litigation Summary and Patent Landscape

What case is this and what is the procedural posture?

Case: Sun Pharma Global FZE v. Teva Pharmaceuticals USA, Inc.
Court/Docket: U.S. District Court, case 1:18-cv-01552 (filed 2018)
Parties:

  • Plaintiff: Sun Pharma Global FZE
  • Defendant: Teva Pharmaceuticals USA, Inc.

Docket status in public reporting: The matter is reported as a litigation involving generic entry tied to patent claims, consistent with the statutory framework for Hatch-Waxman disputes (claims triggered by ANDA-related certifications and alleged infringement). No final merits ruling, infringement finding, or list of asserted patents is identifiable from the information provided here.

What claims were at issue?

This is a patent infringement dispute in the Hatch-Waxman/ANDA context, where the plaintiff typically alleges that the defendant’s proposed generic product infringes one or more Orange Book-listed patents listed against the branded reference product. The specific asserted patents, claims, and infringement theories are not available in the provided input, so an element-by-element claim chart cannot be produced from the record cited here.

What is the likely patent strategy behind the pleadings?

In ANDA litigations of this type, Sun’s strategy typically follows one of two patterns, both driven by the Orange Book and the defendant’s ANDA Paragraph certification:

  • “Direct infringement” theory: The ANDA product infringes asserted method, compound, or formulation claims.
  • “Inducement/contribution” theory: Teva’s ANDA acts induce or contribute to infringement once marketed.

The exact theory used by Sun in this specific docket cannot be extracted from the supplied material.


Which patents and Orange Book listings matter for this dispute?

What specific patents were asserted?

No asserted-patent list appears in the information provided with the docket reference. Without the names/US numbers of asserted patents (and their expiration and claim types), the analysis cannot reliably map:

  • scope of claim limitations
  • validity/obviousness posture
  • enforceability defenses
  • which Teva design-around path was tested

What branded product does this map to?

The branded reference drug and the associated Orange Book entry are not provided in the input. That prevents accurate linkage to:

  • patent families and prosecution history
  • candidate claim constructions
  • product-specific infringement mechanics

How did the litigation proceed (schedule, motions, and key filings)?

What procedural milestones occurred?

With only the docket identifier (1:18-cv-01552) and without any filing list, the following cannot be populated from the provided material:

  • motions to dismiss (Rule 12, venue, jurisdiction)
  • Markman/claim construction schedule
  • summary judgment timing
  • preliminary injunction requests and rulings
  • trial setting (if any) or consent judgment

What outcomes are known from the input?

No outcome is contained in the prompt data. A complete litigation summary requires at least:

  • final disposition (dismissed, settled, adjudicated)
  • entered judgment terms (bar to launch, covenant not to sue, stipulated dismissal)
  • any appellate history (Fed. Cir.) if present

Those details are not provided, so the case cannot be concluded accurately.


What does Teva’s typical litigation posture imply here?

What defenses are commonly asserted in this posture?

While the case is identifiable as a patent/ANDA dispute, the specific defenses in this docket are not provided. Standard defenses in such actions include:

  • non-infringement of asserted claims
  • invalidity (anticipation/obviousness under 102/103, lack of enablement/indefiniteness, patent eligibility under 35 USC 101 when relevant)
  • unenforceability (inequitable conduct) if pled
  • procedural defenses tied to ANDA certifications and statutory prerequisites

No defense set is verifiable from the input.


Business impact: what can be concluded from this docket reference alone?

What does this mean for Sun’s and Teva’s timelines and market access?

A Hatch-Waxman dispute generally affects:

  • generic launch timing (automatic stay when applicable)
  • carve-out design-around efforts for Teva
  • settlement leverage based on strength of asserted claims and likely claim construction

But the prompt does not include:

  • the stay details (automatic stay vs. preliminary injunction vs. none)
  • any settlement agreement terms
  • any documented launch timeline

So actionable market impact cannot be computed from the provided information.


Actionable patent landscape framework (how to analyze this case once record is pulled)

Because the asserted patents are not included in the prompt, the only durable analysis is a framework that a patent team would apply once the complaint and claim lists are obtained.

1) Identify asserted patent types and claim constraints

Typical categories:

  • compound claims (API structure, stereochemistry, salt form)
  • formulation claims (particle size, excipients, release profile)
  • method claims (manufacturing or dosing regimens) The claim constraints govern:
  • non-infringement levers (differences in structure or process)
  • validity levers (prior art matching the critical limitation)

2) Map Teva’s ANDA product facts to claim limitations

Teams usually build a “product-to-claim” table using:

  • Teva’s ANDA description
  • labeling
  • formulation specs
  • analytical data submitted in litigation

3) Run validity against the strongest single prior art

A litigation-driven validity assessment prioritizes:

  • the single best anticipatory reference if available
  • obviousness combinations tied to the most specific limitation

4) Track claim construction pressure points

Once a Markman order exists, it often determines:

  • infringement viability
  • which invalidity theories survive
  • settlement value

Key Takeaways

  1. The docket reference 1:18-cv-01552 is a Sun Pharma Global FZE v. Teva Pharmaceuticals USA patent dispute in the ANDA litigation posture, but the input does not include the asserted patents, claims, or dispositive outcomes needed for a complete litigation summary and patent-by-patent infringement/validity analysis.
  2. Without the complaint’s asserted patent list and the litigation disposition record, any attempt to state “what the court held” or “which patents were decisive” would not be grounded in the provided materials.
  3. A complete business-grade analysis requires the complaint, Markman/claim construction order(s), and final disposition or settlement terms; those inputs are not present in the prompt data.

FAQs

1) Was this an ANDA Hatch-Waxman case?

The docket format and parties are consistent with an ANDA patent infringement dispute, but the prompt does not provide explicit ANDA certification details or the statutory count in the pleadings.

2) Which patents did Sun assert against Teva?

The prompt does not include the asserted patent numbers, expiration dates, or claim categories.

3) Did Teva seek a design-around or were there claim-construction disputes?

The prompt contains no Markman order or product/design-around description.

4) What is the case outcome (judgment, dismissal, or settlement)?

No final disposition or settlement terms are provided in the prompt.

5) How does this affect generic launch timing?

Launch impact depends on the asserted patents, stay status, and disposition terms, none of which appear in the provided information.


References

[1] Case docket: Sun Pharma Global FZE v. Teva Pharmaceuticals USA, Inc., 1:18-cv-01552 (U.S. District Court).

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