Last Updated: June 30, 2026

Litigation Details for Intendis GmbH v. Glenmark Pharmaceuticals Inc. (Fed. Cir. 2015)


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Small Molecule Drugs cited in Intendis GmbH v. Glenmark Pharmaceuticals Inc.
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Details for Intendis GmbH v. Glenmark Pharmaceuticals Inc. (Fed. Cir. 2015)

Date Filed Document No. Description Snippet Link To Document
2015-08-05 20 assignee of U.S. Patent No. 6,534,070 ("the '070 patent") ("the patent-in-suit")…TABLE OF ABBREVIATIONS ’070 patent United States Patent No. 6,534,070 (A3877-84) ’163 PCT …...................... A73-74 Patent-in-Suit: U.S. Patent No. 6,534,070 ..............................…FROM THE RECORDS OF THIS OFFICE OF: U.S. PATENT: 6,534,070 ISSUE DATE: March 18,2003 … US 6,534,070 Bl Franke et al. External link to document
2015-08-05 25 TABLE OF ABBREVIATIONS ’070 patent U.S. Patent No. 6,534,070 ’070 prosecution Prosecution…Court correctly found Bayer’s U.S. Patent No. 6,534,070 (“’070 patent”) on novel azelaic acid hydrogels…Application Publication No. WO 93/18752 ’943 patent U.S. Patent No. 5,385,943 ANDA …the subject of ANDA No. 204637 Glenmark’s patent U.S. Patent Application Publication US 2010/0004338 …based on the ’070 patent’s reported penetration data, as well as Glenmark’s own patent application, Franz External link to document
>Date Filed >Document No. >Description >Snippet >Link To Document

Litigation Summary and Patent-Strength Analysis: Intendis GmbH v. Glenmark Pharmaceuticals Inc., No. 15-1902

Last updated: June 30, 2026

Executive summary: Intendis GmbH v. Glenmark Pharmaceuticals Inc., No. 15-1902, is a U.S. patent case focused on whether Glenmark’s proposed generic activity infringes Intendis’ asserted patent rights and/or whether asserted claims are invalid. The litigation posture, asserted patent set, and the outcome drive market-entry risk and potential settlement leverage for any competing applicant targeting the same product and FDA reference-listed drug (RLD). Without the docket’s specific pleadings, claim chart, and final disposition text, a complete litigation-and-estoppel analysis cannot be produced.

What is Intendis GmbH v. Glenmark Pharmaceuticals Inc., 15-1902 about?

Featured-snippet answer: The case is patent litigation in the U.S. between Intendis GmbH (patent holder) and Glenmark Pharmaceuticals Inc. (accused generic applicant/manufacturer), docketed as No. 15-1902, alleging infringement of one or more Intendis patents tied to a specific marketed active ingredient and use or formulation.

What typically determines the infringement theory in 15-1902

In cases like this, the infringement theory typically turns on one of these claim structures:

  • Product claims (composition or formulation, including salt forms, dosage form, excipients, or polymorph)
  • Method-of-use claims (dosage regimen or patient population)
  • Manufacturing or process claims (process parameters, crystallization steps, milling, or purification)
  • Combination claims (fixed-dose combinations)

What typically determines the invalidity theory

The invalidity framework commonly includes:

  • Anticipation (single prior art reference)
  • Obviousness (combination of references)
  • Lack of enablement or written description (especially for formulation/process)
  • Indefiniteness (claim construction issues)
  • Statutory bars where relevant (on-sale/public-use, filing priority disputes)

Which patents were asserted in Intendis v. Glenmark (15-1902)?

Featured-snippet answer: The asserted patents and their claim numbers are not stated in the provided input.

Why the asserted-patent list is essential for litigation analysis

A meaningful litigation analysis requires:

  • Patent numbers (and USPTO publication data)
  • Assignee and inventors
  • Independent vs dependent claims
  • Claim construction outcomes
  • Whether the case is directed to drug substance, drug product, or method-of-use

Without those specifics, any count of “how many patents cover” the product, the “strength” of the estate, and “generic entry risks” would be speculative.

What is the procedural posture of Intendis GmbH v. Glenmark Pharmaceuticals, Inc., 15-1902?

Featured-snippet answer: The case procedural posture (complaint stage, motion-to-dismiss, claim construction, summary judgment, trial, or post-judgment appeal) is not included in the provided input.

Docket milestones that change risk assessment

In high-stakes generic patent litigation, the risk profile changes at each milestone:

  • Pleadings: establishes asserted claims and proposed defenses
  • Claim construction: defines infringement scope; can narrow or broaden literal infringement
  • Daubert/expert rulings: affects technical evidence admissibility (bioequivalence, analytical methods)
  • Summary judgment: can resolve infringement, invalidity, or both
  • Settlement or consent judgment: impacts launch dates via agreed stay and license terms
  • Appeal: changes enforcement leverage and timelines via appellate review

What did the court decide in Intendis v. Glenmark, 15-1902?

Featured-snippet answer: The dispositive outcome (infringement findings, invalidity findings, injunction/stay terms, or dismissal) is not provided.

How outcome types map to launch risk

  • Judgment of non-infringement reduces settlement pressure and supports earlier generic entry.
  • Judgment of invalidity weakens the patent estate and can clear multiple continuations depending on related filings.
  • Judgment of infringement with enforceable claims typically delays entry and increases license/settlement incentives.
  • Consent judgment or Rule 41 dismissal often indicates settlement but requires the settlement’s scope to compute dates and remaining risk.

Is this case tied to FDA Orange Book listings, Paragraph IV, or a biosimilar pathway?

Featured-snippet answer: The input does not identify the FDA pathway or whether the case stems from an ANDA Paragraph IV notice (or a 505(b)(2) situation) tied to an Orange Book-listed patent.

Why pathway identification matters

  • ANDA Paragraph IV ties the litigation to the 30-month stay framework and typical statutory triggers.
  • Biosimilar matters because the relevant legal standards and data packages differ and “biosimilar risk” is driven by different regulatory and evidentiary issues.
  • Orange Book timing is essential to map exclusivity vs patent expiration windows to realistic generic launch scenarios.

When does Intendis’ asserted patent(s) expire, and when can Glenmark launch?

Featured-snippet answer: Patent expiration dates and any term adjustments or expirations-by-patent-number are not provided.

What a correct exclusivity and expiration timeline requires

A complete launch-risk timeline normally includes:

  • Earliest expiration of each asserted patent
  • Any terminal disclaimer effects across related family members
  • Patent term adjustment (PTA) and patent term extension (if applicable)
  • Any regulatory exclusivity (180-day exclusivity, pediatric exclusivity, orphan exclusivity, reference product exclusivities)
  • Any statutory 30-month stay impact from a Paragraph IV filing
  • Any court-ordered or settlement stay periods

Without asserted patent numbers and FDA context, a timeline cannot be constructed to a standard suitable for litigation and commercial decision-making.

How strong is the patent estate for the active ingredient in dispute?

Featured-snippet answer: Strength cannot be assessed without the asserted patents, their claim scope, prosecution history, and the court’s construction or validity rulings.

Strength factors that matter in generic litigation

  • Breadth of independent claims after claim construction
  • Prior art landscape at the priority date
  • Whether the patents are formulation-specific (often easier to design around) or method-of-use (often harder if the generic’s labeling tracks the reference)
  • File-history signals such as narrowed claim language and disclaimer
  • Whether the family includes multiple continuations or overlapping claim sets

What generic entry risks does 15-1902 create for Glenmark or competitors?

Featured-snippet answer: Risk depends on the final outcome and any settlement terms, which are not provided.

Typical risk outcomes

  • If Intendis won on validity and infringement: generic entry is delayed, and carve-outs or design-arounds become necessary.
  • If Intendis lost on validity: the patent barrier weakens for both Glenmark and other applicants.
  • If settlement occurred: a negotiated license or staged launch can set specific entry dates and marketing restrictions.

What settlement or licensing terms were reached, if any?

Featured-snippet answer: Settlement/license terms are not provided.

Why the settlement terms control market timing

When a settlement exists, launch risk turns on:

  • The effective date of licensing or entry
  • The scope of licensed product claims (composition vs use)
  • Design-around rights and permitted labeling
  • Payment structure (not needed for timing but often correlates with scope)
  • Remaining patents not covered by the settlement
  • Consent judgment’s effect on future enforcement

What patent litigation affects this product beyond 15-1902?

Featured-snippet answer: The input does not list related cases, co-defendants, or related asserted patent families.

Typical “related litigation” categories to check

  • Parallel cases against other ANDA filers
  • Continuation claims within the same patent family
  • Related district court actions
  • ITC investigations tied to imported products
  • Appellate decisions that change claim construction or validity standards

How does this case compare with other Intendis v. generic companies?

Featured-snippet answer: No other Intendis v. generic matter is identified in the input, so comparison cannot be made.

Comparison dimensions that drive strategic decisions

  • Whether courts upheld formulation claims versus method claims
  • Whether design-around strategies succeeded
  • Whether invalidity rates are high within the same family
  • Whether claim scope narrowed after Markman hearings

Key Takeaways

  • No asserted patent list, FDA pathway detail, procedural outcome, claim construction results, or settlement/disposition terms were provided for No. 15-1902.
  • A litigation-and-patent-strength analysis that supports R&D, licensing, regulatory planning, or investment decisions requires those case-specific facts.
  • If the docket text (complaint, Markman order, summary judgment order, final judgment, and any settlement agreement or consent judgment) is not in the input, a complete and accurate assessment cannot be generated.

FAQs

  1. What is the standard for infringement and invalidity in U.S. generic ANDA patent litigation like Intendis v. Glenmark?
  2. How do Markman claim construction rulings typically shift outcomes in formulation patent cases?
  3. What drives “design-around” success for formulation or method-of-use patents in ANDA challenges?
  4. How do 180-day exclusivity and 30-month stays interact with district court timelines?
  5. What settlement terms most affect a generic launch date when a patent case ends in a consent judgment?

References

(No sources were provided in the input.)

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