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.
Teva Pharmaceutical Industries Ltd. et. al. v. Zentiva, S.A.
1:07-cv-21593; filed June 21, 2007 in the Southern District of Florida
Declaratory judgment of infringement of U.S. Patent Nos. 6,699,997 ("Carvedilol," issued March 2, 2004), 6,710,184 ("Crystalline Solids of Carvedilol and Processes for Their Preparation," issued March 23, 2004), 7,056,942 ("Carvedilol," issued June 6, 2006), and 7,126,008 (same title, issued October 24, 2006) based on Zentiva's filing of a DMF (drug master file) with the FDA for the manufacture of carvedilol (the active ingredient in GSK's Coreg®, used to treat congestive heart failure). View the complaint here.
Sanofi-Aventis U.S. LLC et. al. v. Dabur Oncology PLC et. al.
3:07-cv-02854; filed June 19, 2007 in the District Court of New Jersey
Sanofi-Aventis U.S. LLC et. al. v. Teva Parenteral Medicines, Inc. et. al.
1:07-cv-03428; filed June 18, 2007 in the District Court of New Jersey
The complaints in these two cases substantially identical. Infringement of U.S. Patent Nos. 5,338,874 ("Cis oxalato (trans 1-1,2-cyclohexanediamine) PT(II) Having Optically High Purity," issued August 16, 1994) and 5,716,988 ("Pharmaceutically Stable Preparation of Oxaliplatinum," issued February 10, 1998) following a paragraph IV certification as part of Sandoz's filing of an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) and Dabur's filing of an ANDA to manufacture a generic version of plaintiffs' Eloxatin® (oxaliplatin for injection, used to treat colorectal cancer). View the Dabur complaint here, and the Teva complaint here.
Johnson Matthey Inc. v. Noven Pharmaceuticals, Inc.
2:07-cv-00260; filed June 19, 2007 in the Eastern District of Texas
Infringement of U.S. Patent No. 6,096,760 ("Solid α-Phenyl-2-Piperidine Acetate Free Base, Its Preparation and Use in Medicine," issued August 1, 2000) based on Noven's manufacture and sale of methyl α-phenyl-2-piperidine acetate free base and/or pharmaceutical formulations containing methyl α-phenyl-2-piperidine acetate free base. View the complaint here.
Abbott Laboratories v. Impax Laboratories Inc.
1:07-cv-00388; filed June 18, 2007 in the District Court of Delaware
Infringement of U.S. Patent Nos. 6,713,086 ("Controlled Release Formulation of Divalproex Sodium," issued March 30, 2004) and 6,528,090 (same title, issued March 4, 2003) following a paragraph IV certification as part of Impax'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.
Tiber Laboratories, LLC v. Hawthorn Pharmaceuticals, Inc.
2:07-cv-00069; filed June 18, 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 Hawthorn's sale of DYTAN-HC (used to treat cough, congestion and discomfort associated with the common cold, sinusitis and acute upper respiratory tract infections). View the complaint here.
febit biotech GmbH v. Codon Devices Inc.
1:07-cv-00385; filed June 15, 2007 in the District Court of Delaware
Infringement of U.S. Patent No. 6,586,211 ("Method for Producing Polymers," issued July 1, 2003) based on Codon Devices' manufacture and use of, and sale of molecular biology devices incorporating, its BioFAB® gene synthesis platform. View the complaint here.
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