ANDA litigation is transferred to New York where related action is pending
Medicis Pharmaceutical Corporation v. Nycomed US Inc., C. A. No. 10-1099-SLR, June 16, 2011.
Robinson, J. Motion to transfer ANDA litigation to New York is granted.
This is an ANDA litigation involving fluocinonide cream. Plaintiff, a Delaware corporation, is the assigned of four patents covering a composition or method for enhancing the potency of fluocinonide hydrochloride cream. On May 19, 2010, plaintiff filed identical actions against defendant, a New York corporation, in Delaware (Civ. No. 10-419) and in New York with respect to three of the four related patents. Defendant’s motion to transfer that action was granted because the New York litigation had progressed further. Plaintiff then initiated the instant action in Delaware as to the fourth patent, a continuation of one of the patents already at issue in the New York litigation. Defendant then moved for transfer, which was granted, inter alia, because the instant case and the first New York action “share common questions of law and fact and plaintiff’s claim in this case is based on the same ANDA.”
