Court Report

    By Sherri Oslick --

About 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.

Oscient Pharmaceuticals Corp. et al. v. Lupin Ltd. et al.
1:09-cv-00083; filed January 14, 2009 in the District Court of Maryland

Infringement of U.S. Patent No. 7,101,574 ("Pharmaceutical Composition Containing Fenofibrate and the Preparation Method," issued September 5, 2006) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Oscient's Antara® (fenofibrate, used to treat hypercholesterolemia).  View the complaint here.

AstraZeneca AB et al. v. Sandoz, Inc.
3:09-cv-00199; filed January 14, 2009 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 5,714,504 ("Compositions," issued February 3, 1988), 5,877,192 ("Method for the Treatment of Gastric Acid-Related Diseases and Production of Medication Using (-)Enantiomer of Omeprazole," issued March 2, 1999), 6,875,872 ("Compounds," issued April 5, 2005), 6,369,085 ("Form of S-omeprazole," issued April 9, 2002), and 7,411,070 (same title, issued August 12, 2008) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of AstraZeneca's Nexium® (esomeprazole magnesium, used for the treatment of gastroesophageal reflux disease).  View the complaint here.

Medicis Pharmaceutical Corp. v. Mylan Inc. et al.
1:09-cv-00033; filed January 13, 2009 in the District Court of Delaware

Infringement of U.S. Patent No. 5,908,838 ("Method for the Treatment of Acne," issued June 1, 1999) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Medics' Solodyn® (minocycline hydrochloride extended release tablets, used to treat acne).  View the complaint here.

AstraZeneca Pharmaceuticals LP et al. v. Biovail Laboratories International SRL et al.
3:09-cv-00128; filed January 9, 2009 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 4,879,288 ("Novel Dibenzothiazepine Antipsychotic," issued November 7, 1989) and 5,948,437 ("Pharmaceutical Compositions Using Thiazepine," issued September 7, 1999) following a Paragraph IV certification as part of Biovail's filing of an ANDA to manufacture a generic version of AstraZeneca's Seroquel® XR (quetiapine fumarate, used to treat schizophrenia and bipolar disorder).  View the complaint here.

Life Technologies Corp. v. Oxford Biomedical Research, Inc. et al.
3:09-cv-00029; filed January 9, 2009 in the Middle District of Tennessee

Infringement of U.S. Patent No. 5,886,157 ("Expression and Purification of Human Cytochrome P450," issued March 23, 1999) based on a disagreement regarding the scope of a Licensing and Supply Agreement among the parties centering on methods of making recombinant human cytochrome P450.  View the complaint here.  [NB: As previously reported on Court Report, a comparable complaint was filed in the Western District of Wisconsin.  That case, however, was dismissed for lack of personal jurisdiction; hence the Tennessee filing.]

Wyeth v. Torrent Pharmaceuticals Ltd. et al.
1:09-cv-00019; filed January 8, 2009 in the District Court of Delaware

Infringement of U.S. Patent Nos. 6,274,171 ("Extended release formulation of venlafaxine hydrochloride," issued August 14, 2001), 6,403,120 (same title, issued June 11, 2002), and 6,419,958 (same title, issued July 16, 2002) following a Paragraph IV certification as part of Torrent's filing of an ANDA to manufacture a generic version of Wyeth's EFFEXOR XR® (venlafaxine hydrochloride, extended release, used to treat depression).  View the complaint here.

Alcon Research, Ltd. et al. v. Barr Laboratories, Inc.
1:09-cv-00026; filed January 8, 2009 in the Southern District of Indiana

Infringement of U.S. Patent Nos. 5,641,805 ("Topical Ophthalmic Formulations for Treating Allergic Eye Diseases," issued June 24, 1997), 6,995,186 ("Olopatadine Formulations for Topical Administration," issued on February 7, 2006), and 7,402,609 (same title, issued July 22, 2008) following a Paragraph IV certification as part of Barr's filing of an ANDA to manufacture a generic version of Alcon's Pataday® (olopatadine hydrochloride ophthalmic solution, used to treat ocular itching associated with allergic conjunctivitis).  View the complaint here.

Dr. Reddy's Laboratories, Ltd. et al. v. Eli Lilly & Co,
3:09-cv-00192; filed January 8, 2009 in the District Court of New Jersey

Declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Patent Nos. 5,910,319 ("Fluoxetine Enteric Pellets and Methods for Their Preparation and Use," issued June 8, 1999), 5,985,322 ("Method for the Treatment of CNS Disorders," issued November 16, 1999), and RE39,030 ("Fluoxetine Enteric Pellets and Methods for Their Preparation and Use," issued March 21, 2006) in conjunction with Dr. Reddy's filing of an ANDA to manufacture a generic version of Lilly's Prozac ® Weekly (fluoxetine hydrochloride, used to treat clinical depression).  View the complaint here.

Abbott Laboratories et al. v Bayer Healthcare, LLC
4:09-cv-40002; filed January 5, 2009 in the District Court of Massachusetts

Declaratory judgment of invalidity, non-infringement, and unenforceability of U.S. Patent No. 5,654,407 ("Human Anti-TNF Antibodies," issued August 5, 1997) in conjunction with Abbott's manufacture and sale of its Humira® (adalimumab, used to treat rheumatoid arthritis, juvenile idiopathic arthritis, psoriatic arthritis, ankylosing spondylitis, Crohn's disease and plaque psoriasis).  View the complaint here.

Comments

[Sandeep]

hey Sherri,

How about:
Plaintiff: Chemistry & Health International B.V.
Defendant: Pliva d.d.

Case Number: 1:2008cv11125
Filed: December 22, 2008

Court: New York Southern District Court

[Sherri Oslick]

Hi Sandeep,

The patent-in-suit for the case you refer to is a process patent, specifically for a method of manufacturing granulated SAMe. I typically limit Court Report to biotech and pharma (paragraph IV) litigation, which, in my own view, does not include chemical processes litigation. For this reason, I elected to omit the Chemistry & Health v. Pliva case that week.

Thanks for keeping an eye out for me, and thanks for reading Court Report.

Sherri

[Sandeep]

Hey Sherri,

Thanks to you... the Court report is a must read thing to do on Monday evening [India time].

I had met Kevin at the Boston Biotech Conf a few months back and had specifically told him that for us in India, the Court report is a great read.

Cheers,
Sandeep.

[Vesna]

Sherri,

How about:
Plaintiff: Chemistry & Health International B.V.
Defendant: Pliva d.d.

Case Number: 1:2008cv11125
Filed: December 22, 2008

Court: New York Southern District Court

Where can I view the complaint filed in the above case.?

Thank you,
Vesna

[Sherri Oslick]

Hi Vesna, the complaint can be accessed via the PACER site for the Southern District of New York. An account number is required for access.

Sherri

[Padmaja]

hi! could you please tell me what was the outcome of the complaint of Dr. Reddy's Laboratories, Ltd. et al. v. Eli Lilly & Co,
3:09-cv-00192; filed January 8, 2009 in the District Court of New Jersey ? i am trying to locate the status of this litigation.

Padmaja