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.
Astrazeneca Pharmaceuticals LP et. al. v. Teva Pharmaceuticals USA, Inc. et. al.
3:07-cv-03001; filed June 28, 2007 in the District Court of New Jersey
Infringement of U.S. Patent No. 4,879,288 ("Novel Dibenzothiazepine Antipsychotic," issued November 7, 1989) following a paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of AstraZeneca's Seroquel® (quetiapine fumarate, used to treat schizophrenia and bipolar disorder). View the complaint here.
AsymmetRx, Inc. v. Biocare Medical LLC et. al.
1:07-cv-11189; filed June 27, 2007 in the District Court of Massachusetts
Infringement of U.S. Patent Nos. 6,946,256 ("Cell Regulatory Genes, Encoded Products, and Uses Related Thereto, issued September 20, 2005) and 7,030,227 (same title, issued April 18, 2006) based on defendants' manufacture and sale of products that infringe in the diagnostic and/or therapeutic markets, outside the scope of their limited licenses. View the complaint here.
Idaho Technology et. al. v. Corbett Life Science et. al.
2:07-cv-00425; filed June 27, 2007 in the District Court of Utah
Infringement of U.S. Patent Nos. 6,787,338 ("Method for Rapid Thermal Cycling of Biological Samples," issued September 7, 2004), 7,238,321 (same title, scheduled to issue July 3, 2007), 7,081,226 ("System and Method for Fluorescence Monitoring," issued July 25, 2006), 6,174,670 ("Monitoring Amplification of DNA During PCR, issued January 16, 2001), 6,245,514 ("Fluorescent Donor-Acceptor Pair with Low Spectral Overlap," issued June 12, 2001), 6,569,627 ("Monitoring Hybridization During PCR using SYBR Green I," issued May 27, 2003), 6,303,305 ("Method for Quantification of an Analyte," issued October 16, 2001), and 6,503,720 (same title, issued January 7, 2003) based on Corbett's manufacture and sale of its Rotor-Gene products. View the complaint here.
Smithkline Beecham Corporation et. al. v. Mylan Laboratories, Inc. et. al.
3:07-cv-02939; filed June 25, 2007 in the District Court of New Jersey
Infringement of U.S. Patent No. 7,229,640 ("Paroxetine Controlled Release Compositions," issued June 12, 2007) following a paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of plaintiffs' Paxil CR® (paroxetine hydrochloride controlled release tablets, used to treat depression). View the complaint here.
Glaxo Group Ltd. v. Cypress Pharmaceutical, Inc.
1:07-cv-06012; filed June 25, 2007 in the Southern District of New York
Infringement of U.S. Patent No. 5,068,249 ("Aqueous Ranitidine Compositions Stabilized With Ethanol," issued November 26, 1991) following a paragraph IV certification as part of Cypress's filing of an ANDA to manufacture a generic version of Glaxo's Zantac® Syrup (ranitidine hydrochloride, used to treat gastroesophageal reflux disease in children). View the complaint here.
MedPointe Healthcare Inc. v. Sun Pharmaceutical Industries Ltd.
1:07-cv-00407; filed June 22, 2007 in the District Court of Delaware
Infringement of U.S. Patent No. 5,164,194 ("Azelastine Containing Medicaments," issued November 17, 1992) following a paragraph IV certification as part of Sun Pharmaceutical's filing of an ANDA to manufacture a generic version of MedPointe's Optivar® (azelastine hydrochloride ophthalmic solution, used to seasonal allergic rhinitis). View the complaint here.
Monsanto Company et. al. v. Harold Sinn
3:07-cv-00288; filed June 22, 2007 in the Northern District of Indiana
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 complaint here.
Wyeth v. Sandoz, Inc.
5:07-cv-00234; filed June 22, 2007 in the Eastern District of North Carolina
Infringement of U.S. Patent Nos. 6,274,171 ("Extended release formulation of venlafaxine hydrochloride," issued August 14, 2001), 6,403,120 (same title, issued June 11, 2002), and 6,419,958 (same title, issued July 16, 2002) following a paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Wyeth's EFFEXOR XR® (venlafaxine hydrochloride, extended release, used to treat depression). View the complaint here.
Otsuka Pharmaceutical Co., Ltd. v. Teva Pharmaceuticals USA, Inc. et. al.
3:07-cv-02919; filed June 22, 2007 in the District Court of New Jersey
Infringement of U.S. Patent No. 5,006,528 ("Carbostyril Derivatives," issued April 9, 1991) based on Teva's filing of an ANDA to manufacture a generic version of Otsuka's Abilify® (aripiprazole, used to treat bipolar disorder and schizophrenia). View the Synthon complaint here.
Teva Pharmaceutical Industries Ltd. et. al. v. Lupin Ltd. et. al.
3:07-cv-02896; filed June 21, 2007 in the District Court of New Jersey
Teva Pharmaceutical Industries, Ltd. et. al. v. Moehs Iberica, S.L.
3:07-cv-02897; filed June 21, 2007 in the District Court of New Jersey
Teva Pharmaceuticals Industries Ltd. et. al. v. Orchid Chemicals & Pharmaceuticals, Ltd. et. al.
3:07-cv-02898; filed June 21, 2007 in the District Court of New Jersey
Teva Pharmaceutical Industries Ltd. et. al. v. Urquima, S.A.
3:07-cv-02899; filed June 21, 2007 in the District Court of New Jersey
Teva Pharmaceutical Industries Ltd. et. al. v. Wanbury Ltd.
3:07-cv-02913; filed June 22, 2007 in the District Court of New Jersey
Teva Pharmaceutical Industries Ltd. et. al. v. Zhejiang Huahai Pharmaceutical Co., Ltd.
3:07-cv-02914; filed June 22, 2007 in the District Court of New Jersey
Teva Pharmaceutical Industries, Ltd. et. al. v. USV Ltd.
3:07-cv-02911; filed June 22, 2007 in the District Court of New Jersey
Teva Pharmaceutical Industries Ltd. et. al. v. Cadila Pharmaceuticals Ltd.
3:07-cv-02912; filed June 22, 2007 in the District Court of New Jersey
The complaints in these cases are substantially identical. 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 defendants' 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 Lupin complaint here.
Teva Pharmaceutical Industries Ltd. et. al. v. Ranbaxy Laboratories Ltd. et. al.
3:07-cv-02892; filed June 21, 2007 in the District Court of New Jersey
Teva Pharmaceuticals Industries, Ltd. et. al. v. Dr. Reddy's Laboratories, Ltd. et. al.
3:07-cv-02894; filed June 21, 2007 in the District Court of New Jersey
Teva Pharmaceutical Industries Ltd. et. al. v. Watson Pharmaceuticals, Inc.
3:07-cv-02895; filed June 21, 2007 in the District Court of New Jersey
Teva Pharmaceutical Industries Ltd. et. al. v. Mylan Pharmaceuticals, Inc.
1:07-cv-05915; filed June 21, 2007 in the Southern District of New York
Teva Pharmaceutical Industries Ltd. et al v. Taro Pharmaceuticals U.S.A., Inc. et. al.
1:07-cv-05914; filed June 21, 2007 in the Southern District of New York
The complaints in these cases are substantially identical. 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 defendants' filing of an ANDA to manufacture and sell a generic version of GSK's Coreg® (carvedilol, used to treat congestive heart failure). View the Ranbaxy complaint here.
Comments