Context: The United States District Court for the District of Delaware is a popular patent enforcement venue in the U.S. In 2023, it was the second most popular court for patent case filings (after the Western District of Texas: 2023 District of Delaware annual report). In particular, it is a top venue for Abbreviated New Drug Application (ANDA) patent cases, with 63% of those cases nationwide filed in the District of Delaware in 2022. For more than a decade, judges there have presided over more ANDA cases than all other courts in the country combined (February 14, 2023 Morris Nichols Arsht & Tunnell District of Delaware report). Some recent cases filed there include Illumina v. Element Biosciences (involving gene sequencing patents: May 16, 2025 ip fray article) and Factor Bioscience v. AstraZeneca (involving mRNA patents September 29, 2025 ip fray article).
What’s new: Four new pharma patent infringement complaints have been filed in the District of Delaware:
- Boehringer Ingelheim has sued Indian multinational pharma company Ipca over the alleged infringement of two arthritis treatment-related patents.
- Finnish pharma giant Orion and Bayer have sued Indian rival MSN over the alleged infringement of four patents related to a type 2 diabetes treatment.
- Pfizer has sued New Jersey-based therapeutics developer Prinston over the alleged infringement of an arthritis treatment-related patent.
- Medical device maker Kaleo has sued Danish biotech rival Ascendis over the alleged infringement of two medical auto injector-related patents.
Direct impact and wider ramifications: The new suits confirm that the court continues to be a popular venue for pharmaceutical patent infringement suits, even between U.S. and non-U.S. drug and medical device developers.
To Read The Full Story
Continue reading your article with a Membership
Counsel
Boehringer is being represented by Kirkland & Ellis’s Jeanna M. Wacker, Sam Kwon, and Bryan S. Hales, as well as Morris Nichols Arsht & Tunnell’s Brian P. Egan and Megan E. Dellinger.
Orion is being represented by Williams & Connolly’s Dov P. Grossman, Shaun P. Mahaffy, Arthur J. Argall, and Christian J. Gladden-Sorensen, as well as Morris Nichols Arsht & Tunnell’s Rodger D. Smith II and Derek J. Fahnestock.
Pfizer is being represented by Arnold & Porter’s Aaron Stiefel, Daniel P. DiNapoli, and Michael Sapiro, as well as DLA Piper’s Sam Deka and Morris Nichols Arsht & Tunnell’s Megan E. Dellinger.
Kaleo is being represented by Proskauer Rose’s Erik B. Milch, Elizabeth Shrieves, Joseph M. Drayton, Connor J. Villar, and Alan S. Teran, as well as Richards Layton & Finger’s Kelly E. Farnan.