By Sherri
Oslick —

About
Court
Report:  Each week we will report briefly on recently filed
biotech and pharma cases.

Schering Corp. et al. v. Teva Pharmaceuticals USA, Inc. et
al.
2:10-cv-01058; filed March 2, 2010 in the District
Court of New Jersey

• Plaintiffs:  Schering Corp.; MSP Singapore
Co. LLC
• Defendants:  Teva Pharmaceuticals USA, Inc.; Teva
Pharmaceutical Industries Ltd.

Infringement of U.S. Patent Nos. RE37,721 ("Hydroxy-Substituted
Azetidinone Compounds Useful as Hypocholesterolemic Agents," issued May
28, 2002) and 5,846,966 ("Combinations of Hydroxy-Aubstituted Azetidinone
Compounds and HMG CoA Reductase Inhibitors," issued December 8, 1998)
following a Paragraph IV certification as part of Teva's filing of an ANDA to
manufacture a generic version of MSP's Vytorin® (ezetimibe and simvastatin,
used to treat hyperlipidemia).  View the New Jersey complaint here.

AstraZeneca AB et al. v. Sun Pharma Global FZE et al.
2:10-cv-10825; filed March 1, 2010 in the Eastern
District of Michigan

• Plaintiffs:  AstraZeneca AB; Aktiebolaget Hassle;
AstraZeneca LP; KBI Inc.; KBI-E Inc.
• Defendants:  Sun Pharma Global FZE; Sun
Pharmaceutical Industries, Inc.; Sun Pharma Global Inc.; Sun Pharmaceutical
Industries, Ltd.; Caraco Pharmaceutical Laboratories, Ltd.

Astrazeneca AB et al. v. Sun Pharma Global FZE et al.
3:10-cv-01017; filed February 26, 2010 in the District
Court of New Jersey

• Plaintiffs:  Astrazeneca AB; Aktiebolaget Hassle; Astrazeneca
LP; KBI Inc.; KBI-E Inc.
• Defendants:  Sun Pharma Global FZE; Sun
Pharmaceutical Industries Inc.; Sun Pharma Global Inc.; Sun Pharmaceutical
Industries Ltd.; Caraco Pharmaceutical Laboratories Ltd.

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent Nos. 5,877,192 ("Method for the Treatment of Gastric Acid-Related
Diseases and Production of Medication Using (-)-Enantiomer of Omeprazole,"
issued March 2, 1999) and 6,143,771 ("Compounds," issued November 7,
2000) following a Paragraph IV certification as part of Sun's filing of an ANDA
to manufacture a generic version of AstraZeneca's Nexium® I.V. (esomeprazole sodium
I.V., used for the treatment of gastroesophageal reflux disease in patients
with a history of erosive esophagitis).  View the Michigan complaint here.

Hollander v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.
2:10-cv-00836; filed March 1, 2010 in the Eastern
District of Pennsylvania

False marking based on Ortho-McNeil's marking of
its Risperdone [sic] products indicating that these products are covered by
U.S. Patent No. 4,804,663 ("3-piperidinyl-substituted 1,2-benzisoxazoles
and 1,2-benzisothiazoles," issued February
14, 1989), marking of its Nizoral products indicating that these
products are covered by U.S. Patent No. 4,335,125 ("1-(1,3-Dioxolan-2-ylmethyl)-1H-imidazoles,"
issued June 15, 1982), marking
of its Terconazole products indicating that these products are covered by U.S.
Patent No. D279,504 ("Vaginal Applicator," issued July 2, 1985), marking of its Ofloxacin
products indicating that these products are covered by U.S. Patent No. 4,382,892
("Benzoxazine derivatives," issued May 10, 1983), and marking of its Razadyne products indicating that
these products are covered by U.S. Patent No. 4,663,318 ("Method of Treating
Alzheimer's Disease," issued May
5, 1987), all of which are expired.  View the complaint here.

Boehringer Ingelheim Pharma GmbH & Co. KG et al. v. Kappos
1:10-cv-00318; filed February 26, 2010 in the
District Court of the District of Columbia

• Plaintiffs:  Boehringer Ingelheim Pharma GmbH &
Co. KG; Boehringer Ingelheim International GmbH; Boehringer Ingelheim
Pharmaceuticals, Inc.
• Defendant:  David Kappos

Review and correction of the patent term adjustment
calculation made by the U.S. Patent and Trademark Office for U.S. Patent No.
7,582,770 ("Viral Polymerase Inhibitors," issued September 1, 2009).  View the complaint here.