Description
Category: Technology Licenses
Created On: 2022-04-28
Record Count: 3
Primary Industries
- Drugs
- Pharmaceuticals
- Therapeutic
- Disease
IPSCIO Report Record List
Below you will find the records curated into this collection. This summary includes the complete licensed property description so that you can review and determine if this collection covers the topics, technology or transaction type that is relevant for your needs. The full report will include all relevant deal data such as the royalty base, agreement date, term description, royalty rates and other deal terms. For reference, here is a sample of a full IPSCIO curated royalty rate report: Sample Report
IPSCIO Record ID: 3797
IPSCIO Record ID: 7086
IPSCIO Record ID: 4285
Generic Product means (i) a generic equivalent of the Brand Product approved under an Abbreviated New Drug Application or pursuant to an application under 21 U.S.C. § 355(b)(2), including Licensee's Generic Product, or (ii) an AG Product.
Brand Product means the product that is approved for distribution and sale under the Brand Product NDA and sold under the trademark Lidoderm® or any successor trademark.
Brand Product NDA means New Drug Application No. 20-612 and any amendments or supplements thereto.
Licensee's Generic Product means Lidocaine Patch 5% that is the subject of Licensee's ANDA, and all amendments and supplements thereto, and which is intended to be AB-rated to the Brand Product.
AG Product. The license granted pursuant to Section 2(a) shall be partially exclusive for a period of time in that Licensor and their respective Affiliates shall not market or sell a Generic Product, or authorize or license a Third Party to market or sell an AG Product at any time before the earlier of (i) seven and a half (7.5) months from the Start Date, and (ii) the Launch of any Third Party Generic Product in the Territory.
AG Product means a generic version of the Brand Product that is manufactured and sold under the Brand Product NDA without a trademark or using a trademark other than Lidoderm® or a successor trademark thereto.
Sub-Licenses. Licensee shall have the right to sub-license the license granted to its Affiliates, but not to any Third Party, provided that any such sub-license shall be subject to Licensor's prior written consent, not to be unreasonably withheld or delayed.
Licensee seeks approval to manufacture, market and sell Licensee's Generic Product before the expiration of United States Patent No. 5,827,529 (the '529 patent), United States Patent No. 5,741,510 (the '510 patent), United States Patent No. 6,096,333 (the '333 patent), United States Patent No. 6,096,334 (the '334 patent), United States Patent No. 5,536,263 (the '263 patent), and United States Patent No. 6,361,790 (the '790 patent).
In response to the filing of Licensee's ANDA, Licensor filed suit against Licensee in the United States District Court for the District of Delaware alleging infringement of the '529 patent.
Licensor also filed suit against Licensee in the United States District Court for the District of Delaware alleging infringement of the '510 patent, the '333 patent, and the '334 patent.
No Party admits liability, but each desires to resolve, compromise and settle the Litigation on the terms and conditions set forth herein.
