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.

Genzyme Corp. v. Endo Pharmaceuticals Inc.
1:09-cv-02589; filed October 1, 2009 in the
District Court of Maryland

Infringement of U.S. Patent No. 5,667,775 ("Phosphate-Binding
Polymers for Oral Administration," issued on September 16, 1997) following a
Paragraph IV certification as part of Endo's filing of an ANDA to manufacture a
generic version of Genzyme's Renagel® (sevelamer hydrochloride, used for the
control of serum phosphorus in patients with chronic kidney disease on
dialysis).  View the complaint here.

Monsanto Co. et al. v. Hargrove et al.
4:09-cv-01628; filed September 30, 2009 in the
Eastern District of Missouri

• Plaintiffs: 
Monsanto Co.; Monsanto Technology LLC
• Defendants: 
Brent M. Hargrove; H & H Farms

Monsanto Co. et al. v. Lytle
4:09-cv-01626; filed September 30, 2009 in the
Eastern District of Missouri

• Plaintiffs: 
Monsanto Company; Monsanto Technology, LLC
• Defendant: 
Larry H. Lytle

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent Nos. 5,352,605 ("Chimeric Genes for Transforming Plant Cells Using Viral
Promoters," issued October 4, 1994) and RE39,247 ("Glyphosate-tolerant
5-enolpyruvylshikimate-3-phosphate Synthases," issued August 22, 2006) based on
defendant's use of cotton seed produced from earlier planted Roundup Ready®
cotton seed.  View the Hargrove complaint here.

Cephalon Inc. v. Watson Pharmaceuticals Inc. et al.
1:09-cv-00724; filed September 25, 2009 in the
District Court of Delaware

• Plaintiff: Cephalon Inc.
• Defendants: Watson Pharmaceuticals Inc.; Watson
Laboratories Inc.; Watson Pharma Inc.

Infringement of U.S. Patent No. 6,264,981 ("Oral
Transmucosal Drug Dosage Using Solid Solution," issued July 24, 2001) following a
Paragraph IV certification as part of Waton's filing of an ANDA to manufacture
a generic version of Cephalon's Fentora® (fentanyl citrate buccal tablets, used
to treat breakthrough pain in adult patients with cancer).  View the complaint here.

Eurand Inc. et al. v. Anchen Pharmaceuticals Inc. et al.
8:09-cv-01098; filed September 24, 2009 in the
Central District of California

• Plaintiffs: 
Eurand Inc.; Anesta AG
• Defendants: 
Anchen Pharmaceuticals Inc.; Anchen Inc.

Infringement of U.S. Patent Nos. 7,387,793 ("Modified
Release Dosage Forms of Skeletal Muscle Relaxants," issued July 17, 2008) and
7,544,372 (same title, issued June 9, 2009), licensed to Cephalon, following a
Paragraph IV certification as part of Anchen'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 complaint here.  [NB: Eurand filed a similar
complaint in Delaware on September 23, 2009, as noted here.]