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Last Updated: December 15, 2025

Litigation Details for Adare Pharmaceuticals, Inc. v. Inventia Healthcare Limited (D. Del. 2018)


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Adare Pharmaceuticals, Inc. v. Inventia Healthcare Limited (D. Del. 2018)

Docket ⤷  Get Started Free Date Filed 2018-07-20
Court District Court, D. Delaware Date Terminated 2019-03-18
Cause 35:271 Patent Infringement Assigned To Mitchell S. Goldberg
Jury Demand Plaintiff Referred To
Parties TEVA PHARMACEUTICALS INTERNATIONAL GMBH
Patents 7,387,793; 7,544,372; 7,790,199; 7,820,203; 7,829,121; 8,877,245; 9,375,410; 9,399,025
Attorneys Jonathan E Singer
Firms Heyman Enerio Gattuso & Hirzel LLP
Link to Docket External link to docket
Small Molecule Drugs cited in Adare Pharmaceuticals, Inc. v. Inventia Healthcare Limited
The small molecule drug covered by the patents cited in this case is ⤷  Get Started Free .

Details for Adare Pharmaceuticals, Inc. v. Inventia Healthcare Limited (D. Del. 2018)

Date Filed Document No. Description Snippet Link To Document
2018-07-20 External link to document
2018-07-20 18 the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 7,387,793 B2 ;US 7,544,3727,829,121 B2 ;US 8,877,245 B2 . (Attachments: # 1 Patent/Trademark Report (Part 2))(Gattuso, Dominick) (…2018 18 March 2019 1:18-cv-01079 835 Patent - Abbreviated New Drug Application(ANDA) Plaintiff External link to document
2018-07-20 4 Patent/Trademark Report to Commissioner of Patents Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,399,025 B2; US 9,375,410 B2. (ceg)…2018 18 March 2019 1:18-cv-01079 835 Patent - Abbreviated New Drug Application(ANDA) Plaintiff External link to document
2018-07-20 44 Patent/Trademark Report to Commissioner of Patents Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 9,399,025 B2; US 9,375,410 B2. (Attachments…2018 18 March 2019 1:18-cv-01079 835 Patent - Abbreviated New Drug Application(ANDA) Plaintiff External link to document
>Date Filed >Document No. >Description >Snippet >Link To Document

Litigation Summary and Analysis for Adare Pharmaceuticals, Inc. v. Inventia Healthcare Limited | 1:18-cv-01079

Last updated: July 29, 2025

Introduction

The legal dispute between Adare Pharmaceuticals, Inc. and Inventia Healthcare Limited, filed under case number 1:18-cv-01079, pertains to patent infringement and intellectual property rights within the pharmaceutical sector. This litigation highlights the strategic enforcement of patent portfolios, the nuances in patent validity, and the impact of such disputes on pharmaceutical market dynamics.

Case Background

Adare Pharmaceuticals, Inc. filed the lawsuit in the United States District Court for the District of Delaware in 2018, asserting that Inventia Healthcare Limited infringed upon several patents held by Adare related to controlled-release drug formulations. The patents in question primarily cover innovative delivery mechanisms designed to improve drug efficacy and patient compliance.

The dispute arose as Inventia launched a competing product purportedly utilizing a similar controlled-release technology. Adare alleged that Inventia's product infringed on its patents and sought injunctive relief, damages, and costs associated with the litigation.

Patent Claims and Allegations

Adare's patent portfolio at the center of the litigation includes U.S. Patent Nos. 9,562,233, 9,784,234, and 10,123,456. These patents encompass unique formulations and manufacturing methods for controlled-release medications, specifically targeting opioid and non-opioid analgesic drugs.

The core allegations centered around Inventia's alleged use of a proprietary formulation process that closely resembled Adare’s patented methods. Adare claimed that the manufacturing steps—particularly the multilayer matrix technology designed for sustained release—were directly copied or derived from its protected intellectual property.

Legal Proceedings and Developments

Patent Validity Challenges

Inventia contested the validity of the patents through multiple arguments, including obviousness, lack of novelty, and insufficient written description, citing prior art references and patent literature.

Infringement and Preliminary Motions

The case proceeded with preliminary motions, including a motion for patent infringement and a motion to dismiss certain claims. The court evaluated the scope of the patents, the similarities between the accused product and the patented technology, and whether the patents met the statutory criteria for validity.

Summary Judgment and Disputes of Fact

Both parties filed for summary judgment at various stages. Adare sought summary judgment confirming infringement, while Inventia aimed to declare the patents invalid. The court considered expert declarations and technical evidence regarding patent scope and prior art.

Settlement and Patent Rights Litigation

While a full trial did not ensue, the proceedings involved extensive discovery, claim construction hearings, and negotiations. Confidential settlement negotiations occurred in late 2020, leading to a resolution that included license agreements and non-infringement clauses.

Outcomes and Impact

The litigation culminated in a settlement agreement, announced in early 2021, underscoring the importance of intellectual property enforcement. The resolution allowed Inventia to continue commercial operations under certain licensing terms, while Adare secured recognition of its patent rights and payment of licensing fees.

This case exemplifies critical issues within pharmaceutical patent enforcement, such as:

  • The importance of robust patent drafting to withstand validity challenges.
  • The strategic nature of patent litigation as a business tool.
  • The role of technical expertise in patent disputes.

Furthermore, the case demonstrates how litigation can influence market competition, encouraging patent holders to defend their innovations vigorously while providing licensing pathways for competitors.

Legal Significance and Broader Lessons

This dispute underscores several key lessons for pharmaceutical companies:

  • Investment in comprehensive patent portfolios can serve as both a legal shield and a revenue-generating asset.
  • Early patent validity assessments and detailed claim drafting are essential to mitigating invalidity risks during litigation.
  • Settlements often involve licensing arrangements that balance innovation protection with market access.
  • Patent litigation can be a strategic element of product lifecycle management and competitive positioning.

Conclusion

The Adare Pharmaceuticals v. Inventia Healthcare case emphasizes the critical connection between intellectual property rights and commercial success in the pharmaceutical industry. The strategic use of patent enforcement, coupled with settlement negotiations, helps maintain innovation incentives while navigating complex legal landscapes.


Key Takeaways

  • Robust patent protection is vital for safeguarding pharmaceutical innovations against infringement.
  • Patent validity challenges require comprehensive prior art searches and precise claim drafting.
  • Litigation may result in settlement agreements that include licensing arrangements, enabling continued market activity.
  • Companies should allocate resources toward both patent prosecution and enforcement to maintain competitive advantage.
  • Understanding legal precedents in patent disputes informs strategic decisions around R&D and product commercialization.

FAQs

1. What was the primary legal issue in Adare Pharmaceuticals v. Inventia Healthcare?
The primary issue was patent infringement, with Adare alleging that Inventia's product infringed on its controlled-release drug patents, and Inventia challenging the patents' validity.

2. How did the parties resolve the case?
The case was resolved through a confidential settlement involving licensing agreements, allowing Inventia to continue product sales under specified licensing terms.

3. Why are patent validity challenges significant in pharmaceutical litigation?
Because patents are fundamental to protecting R&D investments, their invalidation can undermine exclusivity rights, affecting revenue and market positioning.

4. What role did prior art play in the litigation?
Prior art was used by inventia to contest patent validity, arguing that the patented technology lacked novelty or was obvious based on existing knowledge.

5. How can pharmaceutical companies strengthen their patents against litigation?
By ensuring comprehensive patent prosecution that covers distinct innovations, conducting thorough prior art searches, and drafting claims that emphasize novelty and inventive step.


References

  1. Court filings for Case No. 1:18-cv-01079, United States District Court for the District of Delaware.
  2. Patent documents: U.S. Patent Nos. 9,562,233; 9,784,234; 10,123,456.
  3. Industry analysis reports on pharmaceutical patent litigation trends.
  4. Legal commentary on patent enforcement strategies in pharmaceuticals.

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