Get our Free Patent Expiration Newsletter

Serving leading biopharmaceutical companies globally:

Johnson and Johnson
Harvard Business School

Last Updated: November 18, 2019

DrugPatentWatch Database Preview

Litigation Details for Amphastar Pharmaceuticals Inc v. Aventis Pharma SA (C.D. Cal. 2009)

See Plans and Pricing

« Back to Dashboard

Amphastar Pharmaceuticals Inc v. Aventis Pharma SA (C.D. Cal. 2009)

Docket   Start Trial Date Filed 2009-01-07
Court District Court, C.D. California Date Terminated 2015-07-13
Cause 31:3729 False Claims Act Assigned To Marvin J. Garbis
Jury Demand Plaintiff Referred To Shashi H. Kewalramani
Patents 4,692,435; 5,389,618; 7,091,004; 8,114,021; 9,081,016; RE38,743
Attorneys Adam Sechooler; Alan Jay Weil; Ashley E Johnson; Betty X Yang; Bret D Hembd; Corey E Klein; David A Schnitzer; David K Barrett; Douglas Quinton Hahn; Evan Christopher Borges; J Gary Plessman; James L Zelenay , Jr; James W Matthews; Jan P Weir; Jason Liran Drori; Jennifer A Mauri; Joseph J Mellema; Joyce R Branda; Katy Ellen Koski; Lee K Fink; Linda A Kontos; M Sean Royall; Mark A Perry; Meaghan L Lert; Monique M Drake; Richard H Cunningham; Stephen C Payne; Taylor Crellin Foss; Tracey B Davies; Wayne R Gross; Wendy L Weiss; William B Dawson
Firms AUSA Office of the US Attorney, Civil Division; AUSA Office of US Attorney, Civil Division; Gibson Dunn & Crutcher LLP; Gibson Dunn and Crutcher LLP; Gibson Dunn andCrutcher LLP; Gibson Dunn Crutcher LLP; Greenberg Gross LLP; Hembd Law; James W Matthews; Jason Liran Drori; K&Amp;L Gates LLP; Katy Ellen Koski; Kendall Brill & Kelly LLP; Kendall Brill and Kelly LLP; Michelman and Robinson LLP; Stradling Yocca Carlson & Rauth; US Department of Justice, Commercial Litigation Branch; Weir and Brandt
Link to Docket External link to docket
Small Molecule Drugs cited in Amphastar Pharmaceuticals Inc v. Aventis Pharma SA
The small molecule drugs covered by the patents cited in this case are   Start Trial and   Start Trial .
Biologic Drugs cited in Amphastar Pharmaceuticals Inc v. Aventis Pharma SA

The biologic drugs covered by the patents cited in this case are   Start Trial ,   Start Trial ,   Start Trial ,   Start Trial , and   Start Trial .

Details for Amphastar Pharmaceuticals Inc v. Aventis Pharma SA (C.D. Cal. 2009)

Date Filed Document No. Description Snippet Link To Document
2009-01-07 1 Complaint - (Discovery) fraudulently listed its United States Patent No. 4,692,435 (the “’435 patent”), in the Orange Book as also covering…sole inventor. The 40,l44 patent was claimed priority to an earlier Aventis patent application filed on May…that the compositions claimed in the ’577 patent were patentable over the compositions of EP 40,144. Aventis…European patent.” Based upon these false representations and in reliance thereon, the Patent Office allowed…577 application as United States Patent No. 5,389,618 (“the ’61 8 patent”) February` 14, 1995. But for Aventis External link to document
0000-00-00 302 Transcript (CV) 83:16, 83:21, 111:4, 112:2 84:7, 91:4, 95:1, weight-starting [1] - 103:6, 105…to the Patent Office in 00:53: 19 order to support the patentability of the…central issue for the patentability of the DeBrie 00:53: 24 patent was the longer plasma…00:59: 24 40,144 patent that is referred to in Example 6 of the patent. 00:59… 01:01: 22 Mardiguian patent, and that patent did generate a low molecular External link to document
2014-08-18 339 Brief (non-motion non-appeal) fraudulently obtained United States Patent No. 5,389,618 (the “’618 patent”) by 6 making affirmative … ’144 patent, the 3 IP 51283 patent. (Id. at 84:21-85:17.) Specifically, the ’618 patent distinguished…’618 patent over the EP ’144 patent, Aventis did not 4 argue that the EP ’144 patent was …teachings of the prior art European Patent No. 40,144 16 (the “EP ’144 patent”). Aventis fraudulently used…Claim 1 of the ’618 patent by following the process disclosed in the EP 23 ’144 patent’s Example 9 (namely External link to document
2012-11-14 78 Memorandum & Opinion 4,692,435 (“the ‘435 patent”), in the FDA’s “Orange Book”5 indicating… listed its ‘618 patent and another Aventis patent, U.S. Patent No. …In 1995, Aventis received U.S. Patent No. 5,318,618 (“the ‘618 Patent”) for an anti-coagulant drug, … Patent & Trademark Office (“PTO”) while prosecuting its U.S. patents; … ANDA must include the patent numbers and the expiration dates of any patents which claim the drug and External link to document
2012-12-03 81 Amended Complaint application as United States Patent No. 5,389,618 (the "'618 patent") on 17 Februar… 10 patent were patentable over the compositions of the' 144 patent. Aventis falsely …had no patent protection in the United States fo 26 enoxapar. Aventis also knew that a patent would…of the ' 144 patent. ,9 10 15. European Patent No. EP. 40,144 (…618 18 patent would not have been allowed by.the Patent Offce. External link to document
>Date Filed >Document No. >Description >Snippet >Link To Document

Make Better Decisions: Try a trial or see plans & pricing

Serving leading biopharmaceutical companies globally:

Johnson and Johnson

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. thinkBiotech performs no independent verifification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.