By Sherri Oslick --
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.
Stiefel Laboratories Inc. v. KV Pharmaceutical Co.
1:09-cv-00376; filed May 28, 2009 in the District Court of Delaware
Infringement of U.S. Patent No. 5,466,445 ("Topical Compositions Containing Bensoyl Peroxide and Clindamycin and Method of Use Thereof," issued November 14, 1995) following a Paragraph IV certification as part of KV's filing of an ANDA to manufacture a generic version of Stiefel's Duac® Topical Gel (clindamycin phosphate/benzoyl peroxide topical gel, used to treat acne). View the complaint here.
Apotex, Inc. v. Cephalon, Inc.
2:09-cv-02416; filed May 27, 2009 in the Eastern District of Pennsylvania
Declaratory judgment of invalidity and non-infringement of U.S. Patent No. 7,297,346 ("Pharmaceutical Formulations of Modafinil," issued November 20, 2007) so the FDA can provide Apotex with approval to market a generic version of Cephalon's Provigil® (modafinil, used to improve wakefulness in adults who experience excessive sleepiness due to one of the following diagnosed sleep disorders: obstructive sleep apnea, shift work sleep disorder, or narcolepsy). View the complaint here.
Novo Nordisk Inc. et al v. Mylan Pharmaceuticals Inc.
3:09-cv-02445; filed May 20, 2009 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,677,358 ("NIDDM Regimen," issued January 13, 2004) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Novo Nordisk's Prandin® (repaglinide, used to treat non-insulin dependent diabetes mellitus in combination with metformin). View the complaint here.
E8 Pharmaceuticals LLC v. Navigenics, Inc.
1:09-cv-10832; filed May 19, 2009 in the District Court of Massachusetts
Infringement of U.S. Patent No. 6,703,228 ("Methods and Products Related to Genotyping and DNA Analysis," issued March 9, 2004) based on Navigenics' providing and selling genetic counseling services that use certain GeneChip® products manufactured by Affymetrix, Inc. View the complaint here.