Takeda Pharmaceuticals USA, Inc. v. West-Ward Pharmaceutical Corp. et al, 1-14-cv-01268 (DED May 18, 2016, Order) (Robinson, J.)
Friday, May 20, 2016
Threadbare Allegation of Induced Infringement Insufficient to Survive Motion to Dismiss
The court granted defendant's motion to dismiss plaintiff's ANDA induced infringement claim for failure to state a claim based on defendant's marketing and sales. "To survive a motion to dismiss, [plaintiff] is charged with providing adequate factual allegations that set forth a plausible claim for relief such that there is a reasonable expectation that discovery will uncover relevant evidence. Despite the marketing of [the accused drug] for at least ten months, [plaintiff] offers no such allegations. . . . [T]elling a patient that thirty capsules may last a year in no way constitutes '[e]vidence of active steps taken to encourage direct infringement.' Moreover, a threadbare allegation stating that [the accused drug] can be used for acute gout flares is not the same as stating [it] should be used, explaining how to do so in an infringing manner, and establishing that patients have followed those instructions."