-
Eagle Pharmaceuticals, Inc. v. Slayback Pharma LLC DC
- 1:18-cv-01459
- D. Del.
- Judge: Colm F. Connolly
- Filed: 09/20/2018
- Closed: 01/25/2023
- Latest Docket Entry: 01/25/2023
- PACER
1
Plaintiff
1
Defendant
1
Accused
Product
5
Patents-in-Suit
1,589
Days in
Litigation
-
Eagle Pharmaceuticals, Inc. v. Slayback Pharma LLC DC
- 1:18-cv-01459
- D. Del.
- Judge: Colm F. Connolly
- Filed: 09/20/2018
- Closed: 01/25/2023
- Latest Docket Entry: 01/25/2023
- PACER
Causes of Action
Infringement
Declaratory Judgment
Patent Infringement
Market Sector
Biotech and Pharma
Court
Assigned Judge
Outcome Summary
- Patent Information
-
Validity & Enforceability
| Claim # | Claim Text | Outcome |
|---|---|---|
| 7 |
The long term storage stable non-aqueous liquid bendamustine-containing composition of claim 6, wherein the antioxidant is thioglycerol or monothioglycerol.
|
Valid
Entry 26 |
| 12 |
The long term storage stable non-aqueous liquid bendamustine-containing composition of claim 10, wherein the stabilizing amount of the antioxidant is about 5 mg/mL.
|
Valid
Entry 26 |
| 14 |
A tong term storage stable non-aqueous liquid bendamustine-containing composition, comprising: a) bendamustine or a pharmaceutically acceptable salt thereof, and b) a pharmaceutically acceptable fluid comprising i) about 90% polyethylene glycol and
view more
|
Valid
Entry 26 |
| 18 |
The long term storage stable non-aqueous liquid bendamustine-containing composition of claim 17, wherein the bendamustine concentration is from about 25 mg/mL to about 50 mg/mL.
|
Valid
Entry 26 |
| 20 |
The long term storage stable non-aqueous liquid bendamustine-containing composition of claim 14, wherein said long term storage is at least 2 years.
|
Valid
Entry 26 |
| Claim # | Claim Text | Outcome |
|---|---|---|
| 2 |
The liquid bendamustine-containing composition of claim 1, wherein said bendamustine-containing composition has less than or equal to 0.18% total PG esters at about 1months of storage at a temperature of about 5° C.
|
Valid
Entry 26 |
| 3 |
The liquid bendamustine-containing composition of claim 1, wherein the amount of propylene glycol in the pharmaceutically acceptable fluid is about 10%.
|
Valid
Entry 26 |
| 5 |
The liquid bendamustine-containing composition of claim 4, wherein the bendamustine concentration is from about 2mg/mL to about 50 mg/mL.
|
Valid
Entry 26 |
| Claim # | Claim Text | Outcome |
|---|---|---|
| 5 |
The non-aqueous liquid composition of claim 1, wherein the bendamustine concentration is about 2mg/mL.
|
Valid
Entry 26 |
| 7 |
The non-aqueous liquid composition of claim 1, wherein the concentration of the antioxidant is from about 5 mg/mL to about 20 mg/mL.
|
Valid
Entry 26 |
| 18 |
The non-aqueous liquid composition of claim 14, wherein the bendamustine concentration is about 25 mg/mL.
|
Valid
Entry 26 |
| 20 |
The non-aqueous liquid composition of claim 14, wherein the concentration of the antioxidant is from about 5 mg/mL to about mg/mL.
|
Valid
Entry 26 |
| 24 |
The method of claim 23, for the treatment of leukemia.
|
Valid
Entry 26 |
| Claim # | Claim Text | Outcome |
|---|---|---|
| 2 |
The method of claim 1, wherein the bendamustine-containing composition has less than or equal to 0.18% total PG esters at about 1months of storage at a temperature of about 5° C.
|
Valid
Entry 26 |
| 3 |
The method of claim 1, wherein the amount of propylene glycol in the pharmaceutically acceptable fluid is about 10%.
|
Valid
Entry 26 |
| 5 |
The method of claim 4, wherein the bendamustine concentration is from about 2mg/mL to about 50 mg/mL.
|
Valid
Entry 26 |
| 7 |
The method of claim 1, wherein said bendamustine-containing composition has less than or equal to 0.12% total PG esters at about 15 days of storage at a temperature of about 25° C.
|
Valid
Entry 26 |
| 8 |
The method of claim 1, wherein said bendamustine-containing composition has less than or equal to 0.25% total PG esters at about 1 month of storage at a temperature of about 25° C.
|
Valid
Entry 26 |
| 9 |
The method of claim 1, wherein said bendamustine-containing composition has less than or equal to 0.43% total PG esters at about 3 months of storage at a temperature of about 25° C.
|
Valid
Entry 26 |
| 10 |
The method of claim 1, wherein said bendamustine-containing composition has less than or equal to 0.77% total PG esters at about 6 months of storage at a temperature of about 25° C.
|
Valid
Entry 26 |
| 11 |
The method of claim 1, wherein the antioxidant is thioglycerol or monothioglycerol.
|
Valid
Entry 26 |
| 20 |
The method of claim 16, wherein the bendamustine-containing composition has less than or equal to 0.25% total PG esters at about 1 month of storage at a temperature of about 25° C., has less than or equal to 0.43% total PG esters at about 3 months of
view more
|
Valid
Entry 26 |
| 21 |
The method of claim 16, wherein the amount of propylene glycol in the pharmaceutically acceptable fluid is about 10%.
|
Valid
Entry 26 |
| Claim # | Claim Text | Outcome |
|---|---|---|
| 2 |
The liquid bendamustine-containing composition ofclaim 1, wherein said bendamustine-containing composition has less than or equal to 0.18% total PG esters at about 12 months of storage at a temperature of about 5° C.
|
Valid
Entry 26 |
| 3 |
The liquid bendamustine-containing composition ofclaim 1, wherein the amount of propylene glycol in the pharmaceutically acceptable fluid is about 10%.
|
Valid
Entry 26 |
| 5 |
The liquid bendamustine-containing composition ofclaim 4, wherein the bendamustine concentration is from about 25 mg/mL to about 50 mg/mL.
|
Valid
Entry 26 |
| 8 |
The liquid bendamustine-containing composition ofclaim 7, wherein said bendamustine-containing composition has less than or equal to 0.25% total PG esters at about 1 month of storage at a temperature of about 25° C.
|
Valid
Entry 26 |
| 9 |
The liquid bendamustine-containing composition ofclaim 7, wherein said bendamustine-containing composition has less than or equal to 0.43% total PG esters at about 3 months of storage at a temperature of about 25° C.
|
Valid
Entry 26 |
| 10 |
The liquid bendamustine-containing composition ofclaim 7, wherein said bendamustine-containing composition has less than or equal to 0.77% total PG esters at about 6 months of storage at a temperature of about 25° C.
|
Valid
Entry 26 |
| 11 |
The liquid bendamustine-containing composition ofclaim 7, wherein the bendamustine-containing composition has less than or equal to 0.25% total PG esters at about 1 month of storage at a temperature of about 25° C., has less than or equal to 0.43%
view more
|
Valid
Entry 26 |
| 12 |
The liquid bendamustine-containing composition ofclaim 7, wherein the amount of propylene glycol in the pharmaceutically acceptable fluid is about 10%.
|
Valid
Entry 26 |
| 14 |
The liquid bendamustine-containing composition ofclaim 7, wherein the bendamustine concentration is from about 25 mg/mL to about 50 mg/mL.
|
Valid
Entry 26 |
| 17 |
The liquid bendamustine-containing composition ofclaim 16, wherein said bendamustine-containing composition has less than or equal to 0.11% total PG esters at about 1 month of storage at a temperature of about 5° C.
|
Valid
Entry 26 |
| 18 |
The liquid bendamustine-containing composition ofclaim 16, wherein said bendamustine-containing composition has less than or equal to 0.18% total PG esters at about 12 months of storage at a temperature of about 5° C.
|
Valid
Entry 26 |
| 19 |
The liquid bendamustine-containing composition ofclaim 16, wherein said bendamustine-containing composition has less than or equal to 0.12% total PG esters at about 15 days of storage at a temperature of about 25° C.
|
Valid
Entry 26 |
| 25 |
The liquid bendamustine-containing composition ofclaim 16, wherein the antioxidant is thioglycerol or monothioglycerol.
|
Valid
Entry 26 |
| 26 |
The liquid bendamustine-containing composition ofclaim 16, wherein the antioxidant concentration is from about 2.5 mg/mL to about 35 mg/mL.
|
Valid
Entry 26 |
-
Infringement
Slayback Pharma, LLC
- 5 Details
| Accused Product | Patent # | Claim # | Outcome |
|---|---|---|---|
| Generic Bendamustine Hydrochloride Injection 100 mg /4 mL (25 mg/mL) | US 10,010,533 B2 |
2, 3, 5, 8, 9, 10, 11, 12, 14, 17, 18, 19, 25, 26
|
Infringement
Entry 26
|
| Generic Bendamustine Hydrochloride Injection 100 mg /4 mL (25 mg/mL) | US 8,609,707 B2 |
7, 12, 14, 18, 20
|
Infringement
Entry 26
|
| Generic Bendamustine Hydrochloride Injection 100 mg /4 mL (25 mg/mL) | US 9,265,831 B2 |
2, 3, 5
|
Infringement
Entry 26
|
| Generic Bendamustine Hydrochloride Injection 100 mg /4 mL (25 mg/mL) | US 9,572,796 B2 |
5, 7, 18, 20, 24
|
Infringement
Entry 26
|
| Generic Bendamustine Hydrochloride Injection 100 mg /4 mL (25 mg/mL) | US 9,572,797 B2 |
2, 3, 5, 7, 8, 9, 10, 11, 20, 21
|
Infringement
Entry 26
|
