Showing posts with label patent infringement. Show all posts
Showing posts with label patent infringement. Show all posts

Thursday, January 9, 2014

Pegasus Laboratories, Inc v. US Compounding, Inc. for Patent Infringement in Eastern District of Arkansas

Date#Docket Text
1/9/20143MOTION for Leave to Appear pro hac vice by R. Cameron Garrison. Fee $100 receipt number 0860-2366950. Filed by Pegasus Laboratories, Inc (Stevenson, Laurel) (Entered: 01/09/2014)
1/9/20142MOTION for Order (Motion for Appointment of Special Process Server) by Pegasus Laboratories, Inc (Stevenson, Laurel) (Entered: 01/09/2014)
1/8/20141COMPLAINT with Jury Demand against US Compounding, Inc (Filing Fee of $ 400, Receipt #LIT 043828), filed by Pegasus Laboratories, Inc. Summons not issued. (Attachments: # 1 Civil Cover Sheet)(mcz) (Entered: 01/09/2014)

RFC Case Number:P-P14-14U
Court Case Number:4:14-cv-00014-JLH
File Date:Wednesday, January 08, 2014
Plaintiff: Pegasus Laboratories, Inc
Plaintiff Counsel: Laurel Elizabeth Stevenson, R. Cameron Garrison of Lathrop & Gage LLP
Defendant: US Compounding, Inc
Cause:35:271 Patent Infringement
Court:Arkansas Eastern District Court
Judge: Judge J. Leon Holmes
Notes:

Thursday, July 11, 2013

Veterinarians and Compounders Beware!!! Why Are More Cases Like These Recent Ones of Patent Infringement Not Filed By Manufacturers Against Compounders Who Are Violating the Law? Pegasus Laboratories Inc. v Diamondback Drugs LLC and Weatherford Compounding Company

July 11, 2013
by Sue Tuck Richmond

The drug developer and manufacturer Pegasus Laboratories Inc. filed several lawsuits in the federal district court of Kansas on July 10, 2013, against compounding pharmacies that tailor-makes veterinary medicines.  These complaint allege  that the compounding pharmacy are infringing patents for a drug to treat a nervous-system disorder-- equine protozoal myeloencephalitis or EPM-in horses.  The compounded medication product for treatment of EPM is compounded from bulk active sulfadiazine and pyrimethamine ingredients. 

Prior to the filing the federal lawsuit, Pegasus notified the compounding pharmacies of the three patents Pegasus held for its equine drug ReBalance and warned the companies to stop infringing. The compounding pharmacies allegedly wrote back denying that they produced custom-made versions of the patented formula.  Pegasus is asking for a jury trial.

These cases will be very interesting to track, especially in light of the pending legislation and reform being undertaken in the compounding world.  These case represent just a small sampling of the many issues involved on the veterinary compounding side of the equation. Should manufacturers be left with no choice but to file federal lawsuits?  Should state pharmacy boards and veterinary boards work together to combat this problem?  Should inspections be done of veterinary clinics to see how many compounds sitting on the shelf are illegal?  Aren't people with specialized knowledge of veterinary medications and compounds greatly needed to help Congress, state boards of pharmacy, state veterinary boards, and the FDA to understand this area, formulate a plan, and rein in all the abuses in this area?


Diamondback Drugs, LLC, Case No. 2:13-cv-02334, the Hon.  Eric F. Melgren can be viewed here
Weatherford Compounding Pharmacy,  Case No. 2:13-cv-02333-CM-KGS, the Hon. Carlos Murguia presiding,  can be viewed here