Fresenius Kabi USA, based in Lake Zurich, Illinois, contends Corona, California-based Actavis is planning to market copies of Diprivan in violation of Fresenius’s patent rights, according to a complaint filed today in federal court in Wilmington, Delaware.
“Fresenius will be substantially and irreparably harmed” by the infringement unless it’s stopped by a court,’’ company lawyers said. Fresenius seeks an order prohibiting Actavis and its Watson Laboratories unit from marketing the copies until the patents expire.
Charlie Mayr, an Actavis spokesman, didn’t immediately respond to phone and e-mail messages seeking comment on the lawsuit.
The case is Fresenius Kabi USA LLC v. Watson Laboratories Inc., 13-cv-01015, U.S. District Court, District of Delaware (Wilmington).
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