By Sherri
Oslick —

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

Genzyme Corp. v. Impax Laboratories, Inc.
1:10-cv-01791; filed July 1, 2010 in the District
Court of Maryland

Genzyme Corp. v. Sandoz, Inc.
1:10-cv-01715; filed June 25, 2010 in the District
Court of Maryland

The complaints in these cases are substantially
identical.  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
defendants' filing of an ANDA to manufacture a generic version of Genzyme's
Renvela® (sevelamer carbonate, used for the control of serum phosphorus in
patients with chronic kidney disease on dialysis).  View the Sandoz complaint here.

Wyeth, LLC v. Intellipharmaceutics International Inc. et al.
1:10-cv-05072; filed July 1, 2010 in the Southern
District of New York

• Plaintiff:  Wyeth, LLC
• Defendants:  Intellipharmaceutics International
Inc.; Intellipharmaceutics Corp.; Intellipharmaceutics Ltd.

Wyeth LLC v. Intellipharmaceutics International Inc. et al.
1:10-cv-00561; filed June 30, 2010 in the District
Court of Delaware

• Plaintiff:  Wyeth LLC
• Defendants:  Intellipharmaceutics International
Inc.; Intellipharmaceutics Corp.; Intellipharmaceutics Ltd.

The complaints in these cases are substantially
identical.  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 Intellipharmaceutics' filing of an ANDA
to manufacture a generic version of Wyeth's EFFEXOR® XR (venlafaxine
hydrochloride, extended release, used to treat depression).  View the Delaware complaint here.

Merck Sharp & Dohme Corp. v. Kappos
1:10-cv-01110; filed June 30, 2010 in the District
Court of the District of Columbia

Review and correction of the patent term adjustment
calculation made by the U.S. Patent and Trademark Office for U.S. Patent No.
7,326,708 ("Phosphoric Acid Salt of a Dipeptidyl Peptidase-IV Inhibitor,"
issued February 5, 2008).  View the
complaint here.

Eli Lilly and Company v. Actavis Totowa LLC et al.
1:10-cv-00836; filed June 30, 2010 in the Southern
District of Indiana

• Plaintiff:  Eli Lilly and Company
• Defendants:  Actavis Totowa LLC; Actavis Elizabeth
LLC

Infringement of U.S. Patent No. 5,464,826 ("Method
of Treating Tumors in Mammals with 2',2'-difluoronucleosides," issued
November 7, 1995) following a Paragraph IV certification as part of Actavis'
filing of an ANDA to manufacture a generic version of Lilly's Gemzar® (gemcitabine
hydrochloride for injection, used to treat non-small cell lung cancer,
pancreatic cancer, breast cancer, and ovarian cancer).  View the complaint here.

Celsis In Vitro, Inc. v. CellzDirect, Inc. et al.
1:10-cv-04053; filed June 29, 2010 in the Northern
District of Illinois

• Plaintiff:  Celsis In Vitro, Inc.
• Defendants:  CellzDirect, Inc.; Invitrogen
Corp.

Infringement of U.S. Patent No. 7,604,929 ("Novel
Cellular Compositions and Methods for Their Preparation," issued October
20, 2009) based on defendants' use in drug testing services and sale of pooled
multi-cryopreserved hepatocyte products produced from infringing processes and
methods.  View the complaint here.

Schering Corp. et al. v. Mylan Pharmaceuticals Inc. et
al.
1:10-cv-00099; filed June 29, 2010 in the Northern
District of West Virginia

• Plaintiffs:  Schering Corp.; MSP Singapore
Co., LLC
• Defendants:  Mylan Pharmaceuticals Inc.; Mylan,
Inc.

Infringement of U.S. Patent Nos. RE37,721 ("Hydroxy-substituted
Azetidinone Compounds Useful as Hypocholesterolemic Agents," issued May 8,
2002) and 5,846,966 ("Combinations of Hydroxy-Substituted Azetidinone
Compounds and HMG CoA Reductase Inhibitors," issued December 8, 1998)
following a Paragraph IV certification as part of Mylan's filing of an ANDA to
manufacture a generic version of Plaintiffs' Zetia® (ezetimib, used to treat
elevated cholesterol levels).  View
the complaint here.

Abbott Laboratories et al. v. Mylan Inc. et al.
1:10-cv-00559; filed June 28, 2010 in the District
Court of Delaware

• Plainitffs:  Abbott Laboratories; Abbott
Respiratory LLC
• Defendants:  Mylan Inc.; Mylan Pharmaceuticals
Inc.

Infringement of U.S. Patent Nos. 6,129,930 ("Methods
and Sustained Release Nicotinic Acid Compositions for Treating Hyperlipidemia
at Night," issued October 10, 2000), 6,406,715 ("Intermediate Release
Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique Urinary
Metabolite Profiles," issued June 18, 2002), 6,676,967 ("Methods for
Reducing Flushing in Individuals Being Treated with Nicotinic Acid for
Hyperlipidemia," issued January 13, 2004), 6,746,691 ("Intermediate
Release Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique
Biopharmaceutical Characteristics," issued June 8, 2004), 7,011,848 ("Hydrophobic
Component Free Sustained Release Nicotinic Acid Compositions for Treating
Hyperlipidemia and Related Methods Therefor," issued March 14, 2006),
6,818,229 ("Intermediate Release Nicotinic Acid Compositions for Treating
Hyperlipidemia," issued November 16, 2004), 6,080,428 ("Nicotinic
Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor,"
issued June 27, 2000), and 6,469,035 ("Methods of Pretreating
Hyperlipidemic Individuals with a Flush Inhibiting Agent Prior to the Start of
Single Daily Dose Nicotinic Acid Therapy to Reduce Flushing Provoked by
Nicotinic Acid," issued October 22, 2002) following a Paragraph IV
certification as part of Mylan's filing of an ANDA to manufacture a generic
version of Abbott's Simcor® (niacin extended release / simvastatin tablets,
used to treat hypercholesterolemia).  View the complaint here.

Pfizer Inc. et al. v. Mylan Inc. et al.
2:10-cv-03246; filed June 24, 2010 in the District
Court of Delaware

• Plaintiffs:  Pfizer Inc.; Pharmacia & Upjohn Co., LLC; Pfizer Health AB
• Defendants:  Mylan Inc.; Mylan Pharmaceuticals Inc.

Pfizer Inc. et al. v. Sandoz, Inc.
2:10-cv-03250; filed June 24, 2010 in the District
Court of Delaware

• Plaintiffs:  Pfizer
Inc.; Pharmacia & Upjohn Co., LLC; Pfizer Health AB
• Defendant:  Sandoz, Inc.

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent Nos. 6,630,162 ("Pharmaceutical Formulation and Its Use,"
issued October 7, 2003) and 6,770,295 ("Therapeutic Formulation for
Administering Tolterodine with Controlled Release," issued August 3, 2004)
following a Paragraph IV certification as part of defendants' filing of an ANDA
to manufacture a generic version of Pfizer's Detrol LA® (extended release
tolterodine tartrate, used to treat overactive bladder).  View the Mylan complaint here.

United States of America et al. v. University Medical
Pharmaceuticals Corp.
1:10-cv-00462; filed June 24, 2010 in the Western
District of Texas

• Plaintiffs:  United States of America Ex. Rel. Zach Hallstrom
• Defendants:  University Medical Pharmaceuticals
Corp.

False marking of certain of defendants' acne
treatment products as containing "patented time-released benzoyl peroxide"
when no such patent exists.  View
the complaint here.