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.
Dey, L.P. et. al. v. Sepracor, Inc.
1:07-cv-02353; filed March 21, 2007 in the Southern District of New York
Declaratory judgment of infringement of U.S. Patent No. 6,667,344 ("Bronchodilating Compositions and Methods," issued December 23, 2003), directed to bronchodilator compositions and methods for administration as a nebulized aerosol, based on Sepracor's anticipated sale of BROVANA® (arformoterol tartrate) inhalation solution. View the complaint here.
Tyco Healthcare Group LP et. al. v. Pharmaceutical Holdings Corp. et. al.
2:07-cv-01299; filed March 20, 2007 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 5,030,632 ("Low Dose Temazepam," issued July 9, 1991), 5,211,954 (same title, issued May 18, 1993), 5,326,758 (same title, issued July 5, 1994), and 5,629,310 (same title, issued May 13, 1997) following a paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of plaintiff's Restoril® (temazepam, used to treat transient insomnia). View the complaint here.
Shire LLC v. Colony Pharmaceuticals, Inc. et. al.
1:07-cv-00718; filed March 20, 2007 in the District Court of Maryland
Infringement of U.S. Patent Nos. 6,322,819 ("Oral Pulsed Dose Drug Delivery System," issued November 27, 2001) and 6,605,300 (same title, issued August 12, 2003) following a paragraph IV certification as part of Colony's filing of an ANDA to manufacture a generic version of Shire's Adderall XR® (a combination of dextroamphetamine saccharate, amphetamine aspartate monohydrate, dextroamphetamine sulfate, and amphetamine sulfate, used to treat attention deficit hyperactivity disorder). View the complaint here.
PDL Biopharma Inc. v. Alexion Pharmaceuticals Inc.
1:07-cv-00156; filed March 16, 2007 in the District Court of Delaware
Infringement of U.S. Patent Nos. 5,693,761 ("Polynucleotides Encoding Improved Humanized Immunoglobulins," issued December 2, 1997), 5,693,762 ("Humanized Immunoglobulins," issued December 2, 1997), and 6,180,370 ("Humanized Immunoglobulins and methods of making the same," issued January 30, 2001) based on Alexion's manufacture, use, sale, and offer for sale of Soliris® (eculizumab, used to treat paroxysmal nocturnal hemoglobinuria (PNH)). View the complaint here.
Abraxis Bioscience, Inc. v. Navinta LLC
3:07-cv-01251; filed March 16, 2007 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 4,870,086 ("Optically Pure Compound and a Process for Its Preparation," issued September 6, 1989), 5,670,524 ("Methods and Compositions for the Treatment of Pain Utilizing Ropivacaine," issued September 23, 1997), and 5,834,489 (same title, issued November 10, 1998) following a paragraph IV certification as part of Navinta's filing of an ANDA to manufacture a generic version of Abraxis' Naropin® Injection (ropivacaine hydrochloride, used for the production of local or regional anesthesia for surgery and for acute pain management). View the complaint here.
Otsuka Pharmaceutical Co., Ltd. v. Barr Laboratories Inc. et. al.
3:07-cv-01267; filed March 16, 2007 in the District Court of New Jersey
Otsuka Pharmaceutical Co., Ltd. v. Teva Pharmaceuticals USA Inc. et. al.
3:07-cv-01110; filed March 9, 2007 in the District Court of New Jersey
The complaints in these two cases are quite comparable. Infringement of U.S. Patent No. 5,006,528 ("Carbostyril Derivatives," issued April 9, 1991) following a paragraph IV certification as part of Teva's and Barr's filing of an ANDA to manufacture a generic version of Otsuka's Abilify® (aripiprazole, used to treat bipolar disorder and schizophrenia). View the Teva Pharmaceuticals complaint here.
Pfizer Inc. et. al. v. Ranbaxy Laboratories Ltd. et. al.
3:07-cv-01191; filed March 9, 2007 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 4,681,893 ("Trans-6-[2-(3- or 4-carboxamido-substituted pyrrol-1-yl)alkyl]-4-hydroxypyran-2-one Inhibitors of Cholesterol Synthesis," issued July 21, 1987) and 6,455,574 ("Therapeutic Combination," issued September 24, 2002) following Ranbaxy's filing of an ANDA to manufacture a generic version of Pfizer's Caduet® (atorvastatin calcium - the active ingredient in Lipitor® - and amlodipine besylate - the active ingredient in Norvasc® - used to treat high cholesterol in combination with treating hypertension, angina, and/or coronary artery disease). View the complaint here.
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