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    November 30, 2008

    Court Report

        By Sherri Oslick --

    Gavel_2About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring.


    Eurand, Inc. et al. v. Mylan Pharmaceuticals, Inc. et al.

    1:08-cv-00210; filed November 26, 2008 in the Northern District of West Virginia

    Eurand, Inc. et al. v. Mylan Pharmaceuticals, Inc. et al.
    1:08-cv-00889; filed November 25, 2008 in the District Court of Delaware

    The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 7,387,793 ("Modified Release Dosage Forms of Skeletal Muscle Relaxants," issued July 17, 2008), licensed to Cephalon, following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Cephalon's Amrix® (cyclobenzaprine hydrochloride, used for relief of muscle spasm associated with acute, painful musculoskeletal conditions).  View the Delaware complaint here.

    CIMA Labs Inc. et al. v. Novel Laboratories Inc.
    1:08-cv-00886; filed November 25, 2008 in the District Court of Delaware

    Infringement of U.S. Patent Nos. 6,024,981 ("Rapidly Dissolving Robust Damage Form," issued February 15, 2000) and 6,221,392 (same title, issued April 24, 2001), licensed to Azur Pharma, following a Paragraph IV certification as part of Novel's filing of an ANDA to manufacture a generic version of Azur's FazaClo® (clozapine, used to treat schizophrenia).  View the compliant here.


    Eli Lilly and Company v. Lupin Limited et al.

    1:08-cv-01596; filed November 24, 2008 in the Southern District of Indiana

    Eli Lilly and Company v. Aurobindo Pharma Ltd. et al.
    1:08-cv-01595; filed November 24, 2008 in the Southern District of Indiana

    The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 5,023,269 ("3-Aryloxy-3-Substituted Propanamines," issued June 11, 1991) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Lilly's Cymbalta® (duloxetine hydrochloride, used to treat depression and generalized anxiety disorder and for the management of diabetic peripheral neuropathic pain and fibromyalgia).  View the Lupin complaint here.

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