By Sherri Oslick --
About Court Report: Each week we will report briefly
on recently filed biotech and pharma patent cases. A few interesting cases will be selected for
periodic monitoring, providing our readers with an opportunity to follow the
progress of these cases.
Dusa Pharmaceuticals, Inc. et. al. v. Fronteir Scientific, Inc.
1:06-cv-00141; filed November 13, 2006 in the District
Court of Utah
Infringement of U.S. Patent Nos. 6,710,066 ("Photochemotherapeutic Method Using 5-aminolevulinic acid and Other Precursors of Endogenous Porphyrins," issued March 23, 2004) and 5,955,490 (same title, issued September 21, 1999) based on Fronteir's sale of aminolevulinic acid, the active incredient is Dusa's Levulan® (used to treat actinic keratosis). View the complaint here.
Aventis Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA
Inc. et. al.
2:06-cv-00469; filed November 14, 2006 in the Eastern
District of Texas
Infringement of U.S. Patent No. 7,135,571 ("Processes
for Preparing Anhydrous and Hydrate Forms of Antihistaminic Piperidine
Derivatives, Polymorphs and Pseudomorphs Thereof," issued November 14,
2006) based on Barr and Teva's joint manufacture and sale of Teva's generic
Allegra® (fexofenadine hydrochloride, used to treat allergies). View the complaint here.
Cornerstone
Biopharma, Inc., et. al. v. Preston et al.
4:06-cv-00251; filed November 14, 2006 in the Eastern
District of North Carolina
Infringement of U.S. Patent No. 6,270,796
("Antihistamine/decongestant Regimens for Treating Rhinitis," issued
August 7, 2001) based on defendants' sale of AllePak, allegedly a
"generic" version of Cornerstone's AlleRx® formulations (used to
treat allergies and symptoms of the common cold). View the complaint here.
Cornerstone Biopharma, Inc. et. al. v. Sovereign
Pharmaceuticals, Ltd.
1:06-cv-01006; filed November 16, 2006 in the Middle
District of North Carolina
Infringement of U.S. Patent No. 6,270,796
("Antihistamine/decongestant Regimens for Treating Rhinitis," issued
August 7, 2001) based on defendants' manufacture of AllePak for Everton
Pharmaceuticals, LLC (a named defendant in 4:06-cv-00251). View the complaint here.
Alcon Manufacturing Ltd. et. al. v. Apotex Inc. et. al.
1:06-cv-01642; filed November 15, 2006 in the Southern
District of Indiana
Infringement of U.S. Patent No. 5,641,805 ("Topical Ophthalmic Formulations for Treating Allergic Eye Diseases," issued June 24, 1997) following a paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Alcon's Patanol® (an ophthalmic solution containing olopatadine hydrochloride, used to treat allergic conjunctivitis). View the complaint here.
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