Case Name: Cephalon, Inc. v. Sun Pharmaceutical Industries, Inc. et al.
Docket Number: 2:11-cv-14181-DML-LJM
Date Filed: 09/22/2011
Judge: Hon. David M. Lawson
The Plaintiff, Cephalon, Inc., holds a New Drug Application No. 20-646 filed with the Food and Drug Administration (FDA) for Gabitril tablets, which are prescription anti-epilepsy medical tablets. The Plaintiff alleged that the Defendants, Sun Pharmaceutical Industries, Inc. and Sun Pharmaceutical Industries, Ltd., sought to infringe upon the Plaintiff’s U.S. Patent No. 5,958,951 (‘the ‘951 patent”) by filing an Abbreviated New Drug Application with the FDA. The Plaintiff alleged that the Defendants’ application sought approval to market generic versions of the Plaintiff’s pharmaceutical products before expiration of the ‘951 patent. However, on February 24, 2012, the Plaintiff voluntarily dismissed the action without prejudice without known reason.