On Friday a case was filed in the District of Delaware by Boehringer Ingelheim Pharmaceuticals Inc., and related entities against Laurus Labs LTD and Laurus Generics Inc. The case is regarding patent infringement for the drug Jardiance.
Jardiance is used to lower blood sugar in persons with Type 2 diabetes, per the complaint. Boehringer is the patent holder for manufacture, import, and distribution of this product under patent number 11,090,323.
The defendant purportedly filed an Abbreviated New Drug Application (ANDA) for a bioequivalent generic version of Jardiance prior to the expiration of the patent. Laurus has not sought a license to use the patent and has affirmatively sent a letter to the plaintiff indicating that they seek to declare certain claims of the patent as invalid and unenforceable.
The plaintiff is suing for patent infringement and seeks declaratory judgment of infringement as well as injunctive relief preventing further infringement and monetary damages. Plaintiffs are represented by Morris Nichols Arsht & Tunnel LLP and Kirkland & Ellis LLP.
