Bloomberg News

Cephalon, Acusphere Claim Celgene’s Abraxane Infringes Patent

December 15, 2011

Dec. 15 (Bloomberg) -- Teva Pharmaceutical Industries Ltd.’s Cephalon unit and Acusphere Inc. sued Celgene Corp. for patent infringement related to the breast cancer drug Abraxane.

The lawsuit claims Celgene’s Abraxane violates an Acusphere patent for a drug formulation of paclitaxel particles, according to the complaint filed yesterday in federal court in Boston. Abraxane’s active ingredient is the compound paclitaxel.

The injected drug, used to treat metastatic breast cancer, was obtained by Summit, New Jersey-based Celgene as part of its purchase of Abraxis BioScience Inc. in 2010. The drug generated $282 million in sales in the first nine months of this year, according to the company’s quarterly reports.

Cephalon, acquired in October by Petah Tikva, Israel-based Teva, is the exclusive licensee of Watertown, Massachusetts- based Acusphere’s patent. The companies are seeking cash compensation and an order to block further use of the invention.

The case is Cephalon Inc. v. Celgene Corp., 11cv12226, U.S. District Court for the District of Massachusetts (Boston).

--Editors: Romaine Bostick, John Lear

To contact the reporter on this story: Susan Decker in Washington at

To contact the editor responsible for this story: Michael Shepard at

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