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.
Monsanto Company et. al. v. Stoffer
1:07-cv-01438; filed May 16, 2007 in the Northern District of Ohio
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 defendants' use of soybean seed produced from earlier planted Roundup Ready® soybean seed. View the complaint here.
Invitrogen Corp. v. President and Fellows of Harvard College
3:07-cv-00878; filed May 15, 2007 in the Southern District of California
1:07-cv-10917; filed May 15, 2007 in the District Court of Massachusetts
The complaints in these two cases are substantially identical. Review of the decision of the Board of Patent Appeals and Interferences awarding priority of invention to Harvard in the interference between U.S. Patent Application 09/558,421 ("Mutant DNA Polymerases and Uses Thereof "), assigned to Invitrogen, and U.S. Patent No. 5,614,365 ("DNA Polymerase Having Modified Nucleotide Binding Site for DNA Sequencing," issued March 25, 1997). View the S.D. of California complaint here.
Merck Sharp & Dohme Pharmaceuticals Srl v. Teva Pharmaceuticals USA, Inc. et. al.
3:07-cv-02264; filed May 14, 2007 in the District Court of New Jersey
Infringement of U.S. Patent No. 5,565,473 ("Unsaturated Hydroxyalkylquinoline Acids as Leukotriene Antagonists," issued October 15, 1996) following Teva's filing of an ANDA to manufacture a generic version of Merck's Singulair® (montelukast sodium, used to treat asthma and allergic rhinitis). View the complaint here. As reported here, Merck has previously asserted this patent against Teva for an earlier filed ANDA directed to a different dosage.
Smithkline Beecham PLC et. al. v. Teva Pharmaceutical Industries Ltd. et. al.
1:07-cv-02238; filed May 11, 2007 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 5,002,953 ("Novel compounds," issued March 26, 1991) and 5,741,803 ("Substituted thiazolidinedionle derivatives," issued April 21, 1998) following a paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Smithkline's Avandaryl® (rosiglitazone maleate and glimepiride, used to Type 2 diabetes). View the complaint here.
Abbott Laboratories v. Wockhardt Ltd. et. al.
3:07-cv-02235; filed May 11, 2007 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,713,086 ("Controlled Release Formulation of Divalproex Sodium," issued March 30, 2004) following a paragraph IV certification as part of Wockhardt's filing of an ANDA to manufacture a generic version of Abbott's Depakote® ER (divalproex sodium, used to treat manic episodes associated with bipolar disorder, epilepsy, and migraine headaches). View the complaint here.
Sanofi-Aventis et. al. v. Mutual Pharmaceutical Co., Inc. et. al.
2:07-cv-02250; filed May 11, 2007 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,514,531 ("Controlled-release Dosage Forms Comprising Zolpidem or a Salt Thereof," issued February 4, 2003) following Mutual's filing of an ANDA to manufacture a generic version of Sanofi-Aventis' Ambien CR® (controlled release zolpidem tartrate, used to treat insomnia). View the complaint here.
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