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.
Cypress Pharmaceutical, Inc. v. Tiber Laboratories, LLC
3:07-cv-00108; filed February 20, 2007 in the Southern
District of Mississipi
Declaratory judgment of noninfringement and invalidity of
U.S. Patent No. 6,979,689 ("Compositions and Methods for Treating Upper
Respiratory Congestion," issued December 27, 2005) stemming from Cypress's
manufacture and sale of its Hydro-DP (diphenhydramine hydrochloride,
phenylephrine hydrochloride, and hydrocodone bitartrate, used to treat
congestion and cough). View the
complaint here.
Tiber Laboratories, LLC et al v. Cypress Pharmaceuticals,
Inc.
2:07-cv-00014; filed February 21, 2007 in the Northern
District of Georgia
Infringement of U.S. Patent No. 6,979,689
("Compositions and Methods for Treating Upper Respiratory
Congestion," issued December 27, 2005) based on Cypress's manufacture and
sale of its Hydro-DP (diphenhydramine hydrochloride, phenylephrine
hydrochloride, and hydrocodone bitartrate, used to treat congestion and cough). View the complaint here.
Caraco Pharmaceutical Laboratories, Ltd. v. Forest
Laboratories, Inc. et. al.
2:07-cv-10737; filed February 20, 2007 in the Eastern
District of Michigan
Declaratory judgment of noninfringement of U.S. Patent
No. 6,916,941 ("Crystalline Composition Containing Escitalopram,"
issued July 12, 2005) in conjunction with Caraco's filing of an ANDA seeking
approval to manufacture and sell a generic version of Forest's Lexapro®
(escitalopram oxalate, used to treat depression and generalized anxiety disorder). View the complaint here.
Monsanto Co. et. al. v. Krone
4:07-cv-00345; filed February 20, 2007 in the Eastern
District of Missouri
Monsanto Co.
et. al. v. Trivette
4:07-cv-00343; filed February 20, 2007 in the Eastern
District of Missouri
Monsanto Co.
et. al. v. Allison
1:07-cv-00029; filed February 20, 2007 in the Eastern
District of Missouri
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 soybean seed produced from
earlier planted Roundup Ready® soybean seed. View the Krone complaint here.
Cima Labs, Inc. et. al. v. Actavis Group HF et. al.
2:07-cv-00893; filed February 23, 2007 in the District
Court of New Jersey
Infringement of U.S. Patent Nos. 6,024,981 ("Rapidly
Dissolving Robust Dosage Form," issued February 15, 2000) and 6,221,392
(same title, issued April 24, 2001) (both assigned to Cima and licensed
exclusively to Schwarz Pharma in certain fields of use) following a paragraph
IV certification as part of Actavis's filing of an ANDA to manufacture a
generic version of Schwarz's NIRAVAM® (alprazolam orally disintegrating
tablets, used to treat anxiety). View
the complaint here.
Otsuka Pharmaceutical Co., Ltd. v. Sandoz, Inc.
3:07-cv-01000; filed March 2, 2007 in the District Court of
New Jersey
Infringement of U.S. Patent No. 5,006,528
("Carbostyril Derivatives," issued April 9, 1991) following a
paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture
a generic version of Otsuka's Abilify® (aripiprazole, used to treat bipolar
disorder and schizophrenia). View the
complaint here.
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