Last Updated: November 9, 2026

Litigation Details for Pfizer Inc. v. Aurobindo Pharma USA Inc. (D. Del. 2017)

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Small Molecule Drugs cited in Pfizer Inc. v. Aurobindo Pharma USA Inc.
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Details for Pfizer Inc. v. Aurobindo Pharma USA Inc. (D. Del. 2017)

Date Filed Document No. Description Snippet Link To Document
2017-12-08 External link to document
2017-12-07 1 Aurobindo for patent infringement of United States Patent No. 6,124,363 (the “’363 patent”) arising from…BACKGROUND The ’363 Patent 11. On September 26, 2000, the United States Patent and Trademark Office…) issued the ’363 patent, titled “Dofetilide Polymorphs.” A copy of the ’363 patent is attached hereto…363 patent. 23. On information and belief, Aurobindo had knowledge of the ’363 patent when…the ’363 patent. Aurobindo’s ANDA Products will infringe at least claim 1 of the ’363 patent. External link to document
2017-12-07 14 Patent/Trademark Report to Commissioner of Patents the Commissioner of Patents and Trademarks for Patent/Trademark Number 6,124,363. (etg) (Entered: 07/… 2017 31 May 2018 1:17-cv-01775 835 Patent - Abbreviated New Drug Application(ANDA) None External link to document
2017-12-07 4 the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6,124,363. (nmfn) (Entered: 12… 2017 31 May 2018 1:17-cv-01775 835 Patent - Abbreviated New Drug Application(ANDA) None External link to document
>Date Filed >Document No. >Description >Snippet >Link To Document

Last updated: June 20, 2026

ecutive summary Pfizer Inc. v. Aurobindo Pharma USA Inc., No. 1:17-cv-01775, is a Hatch-Waxman patent infringement dispute filed by Pfizer against Aurobindo over generic entry for a Pfizer-branded product. The docket includes core infringement and declaratory issues typical of Paragraph IV litigation, but no case-specific patent numbers, asserted claims, or settlement terms were provided here, so a complete, accurate litigation map and expiration/entry-risk analysis cannot be produced.

What is Pfizer v. Aurobindo Pharma USA 1:17-cv-01775 about (claims, patents, and drug at issue)?

No case-specific identifying information is available in the input beyond the caption and docket number. A litigation summary that ties asserted patents to the specific NDA/ANDA, Orange Book listings, or the claimed act of infringement cannot be constructed without the underlying docket record elements (complaint/patents asserted, ANDA number, drug name, and remedies sought).

What patents are typically asserted in Pfizer-Aurobindo Paragraph IV cases?

Paragraph IV complaints in Pfizer generics cases usually assert one or more Orange Book-listed patents covering one or more of: formulation, composition, manufacturing method, and/or method of use. They often seek injunctions under 35 U.S.C. § 271(e)(4) tied to the ANDA’s proposed approval date.

What injunctive and declaratory relief do plaintiffs seek?

In Hatch-Waxman cases, plaintiffs typically request:

  • a permanent injunction preventing FDA approval until patent expiry (or a judicial finding of non-infringement/invalidity)
  • a declaratory judgment on infringement, invalidity, and enforceability of each asserted patent

How do you summarize the procedural timeline in Pfizer v. Aurobindo Pharma USA 1:17-cv-01775?

A procedural timeline cannot be accurately summarized without docket events. A meaningful timeline requires, at minimum:

  • complaint filing date and initial asserted patents
  • Aurobindo’s responsive pleadings
  • claim construction schedule and Markman date
  • summary judgment or motion to dismiss outcomes
  • trial/disposition if the case reached merits
  • any stipulations of dismissal, settlement, or dismissal with prejudice
  • post-judgment appellate status, if any

What is the current posture of Pfizer v. Aurobindo Pharma USA 1:17-cv-01775 (dismissal, settlement, judgment)?

The input contains no disposition data (e.g., “settled,” “dismissed,” “judgment entered,” “consent judgment,” “entered injunction,” or “withdrawn settlement”). A reliable posture classification is not possible without docket resolution events.

Which Paragraph IV arguments does Aurobindo usually raise, and how should the case be analyzed?

A standard analysis frame for Paragraph IV challenges includes:

  • non-infringement: the generic does not practice the asserted claims (often by design-around)
  • invalidity: anticipation/obviousness (35 U.S.C. §§ 102/103), lack of written description/enablement (35 U.S.C. § 112), or indefiniteness
  • unenforceability: inequitable conduct or patent misuse (less common but appears in some Pfizer cases)
  • statutory arguments: failure to comply with 21 U.S.C. § 355(b)(2) certifications, or jurisdictional defenses tied to standing/timeliness

A case-specific analysis requires the actual asserted defenses and rulings.

What is the patent estate risk from Pfizer’s asserted patents (expiration, exclusivity, design-around barriers)?

Risk analysis requires:

  • asserted patent numbers
  • their expiration dates and regulatory exclusivity tie-ins
  • whether the patents are method-of-use vs composition/formulation
  • whether the ANDA’s proposed labeling or formulation would likely infringe

None of these inputs are present.

What is the Orange Book status of the Pfizer patents in this lawsuit?

Orange Book status must be verified against the relevant NDA/BLA listing(s) and the specific Orange Book patents asserted in the complaint. The input does not include:

  • the drug name
  • NDA number
  • Orange Book patent numbers listed in the Orange Book
  • the specific certifications filed by Aurobindo (e.g., “Paragraph IV to U.S. Patent No. X”)

How does this litigation affect generic entry dates for Aurobindo (launch timing scenarios)?

Launch timing in Hatch-Waxman depends on:

  • whether the court enters an injunction or stays FDA approval
  • the effective date of any settlement
  • patent expiry dates and any 30-month stay ending conditions
  • whether a later patent, reexamination, or new formulation patent is in play

No settlement or ruling dates are provided.

What settlement terms typically appear in Pfizer-Aurobindo Hatch-Waxman cases, and what is known here?

Settlement terms typically include one or more of:

  • timing of FDA approval and commercial launch
  • launch-patent restrictions (carve-outs)
  • covenants not to sue on specified patents
  • stipulated dismissal with prejudice
  • stipulated judgment on non-infringement/invalidity for certain patents

No settlement terms were provided, and no docket disposition detail is available in the input.

Which companies are impacted besides Pfizer and Aurobindo (other ANDA filers, licensees, codefendants)?

A complete landscape requires:

  • the list of generic applicants on related ANDAs
  • any additional defendants or later interventions
  • any licensing agreements involving the relevant Orange Book patents

The input includes only Pfizer and Aurobindo.

How strong is the patent estate for the drug involved in Pfizer v. Aurobindo?

Patent strength requires:

  • counts and types of asserted patents
  • remaining term by claim type
  • historical validity outcomes in related disputes
  • whether patents are known for enablement/obviousness vulnerabilities
  • whether courts previously construed or invalidated key claim language

None of that can be derived from the provided information.

Key Takeaways

  • The docket number “1:17-cv-01775” and the parties’ names alone do not support a complete, accurate litigation summary.
  • A substantive litigation analysis requires the asserted patent list, the ANDA/NDA identifier, the procedural disposition, and any settlement dates or terms.

FAQs

  1. What information is needed to map a Hatch-Waxman infringement case to a specific ANDA and Orange Book patents?
  2. How do courts typically handle claim construction in Pfizer-led Paragraph IV cases?
  3. What are the most common invalidity theories used in ANDA-related patent disputes?
  4. How does a settlement typically change the 30-month stay and launch timing?
  5. What factors determine whether method-of-use patents block generic launch versus formulation patents?

References

  1. United States District Court. Pfizer Inc. v. Aurobindo Pharma USA Inc., No. 1:17-cv-01775 (docket/case file).

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