Court Report

    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.

Elan Corporation PLC v. Teva Pharmaceuticals USA Inc.
1:07-cv-00552; filed September 14, 2007 in the District Court of Delaware

Infringement of U.S. Patent Nos. 6,228,398 ("Multiparticulate Modified Release Composition," issued May 8, 2001) and 6,730,325 (same title, issued May 4, 2004), licensed to Novartis, following a paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Novartis' Focalin® XR (extended release dexmethylphenidate hydrochloride, used to treat attention deficit hyperactivity disorder).  View the complaint here.

Celgene Corporation et al. v. Teva Pharmaceuticals USA, Inc.
2:07-cv-04459; filed September 14, 2007 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 5,908,850 ("Method of Treating Attention Deficit Disorders with d-Threo Methylphenidate," issued June 1, 1999), 6,355,656 ("Phenidate Drug Formulations Having Diminished Abuse Potential," issued March 12, 2002, with a reexamination certificate issued March 27, 2007), 6,528,530 ("Phenidate Drug Formulations Having Diminished Abuse Potential," issued March 4, 2003), 5,837,284 ("Delivery of Multiple Doses of Medications," issued November 17, 1998), and 6,635,284 (same title, issued October 21, 2003), all licensed exclusively to Novartis in certain fields of use, following a paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Novartis' Focalin XR® (extended release dexmethylphenidate hydrochloride, used to treat attention deficit hyperactivity disorder).  View the complaint here.

Hoffman-La Roche Inc. v. Apotex Inc. et al.
2:07-cv-04417; filed September 14, 2007 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 7,192,938 ("Method of Treatment Using Bisphosphonic Acid," issued March 20, 2007) and 6,294,196 ("Pharmaceutical Composition Containing Diphosphonic Acid or Salt Thereof," issued September 25, 2001) following a paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Roche's Boniva® (ibandronate sodium, used to treat post-menopausal osteoporosis).  View the complaint here.

Orion Corporation v. Wockhardt USA Inc. et al.
1:07-cv-00550; filed September 13, 2007 in the District Court of Delaware

Infringement of U.S. Patent Nos. 5,446,194 ("Pharmacologically active catechol derivatives," issued August 29, 1995) and 5,135,950 ("Stable Polymorphic Form of (E)-N,N-diethyl-2-cyano-3-(3,4-dihydroxy-5-nitrophenyl)acrylamide and the Process for Its Preparation," issued August 4, 1992) following a paragraph IV certification as part of Wockhardt's filing of an ANDA to manufacture a generic version of Orion's Comtan® (entacapone, used in the treatment of Parkinson's Disease).  View the complaint here.

Santarus Inc. et al. v. Par Pharmaceutical Inc.
1:07-cv-00551; filed September 13, 2007 in the District Court of Delaware

Infringement of U.S. Patent Nos. 6,699,885 ("Substituted Benzimidazole Dosage Forms and Methods of Using Same," issued March 2, 2004), 6,489,346 (same title, issued December 3, 2002) and 6,645,988 (same title, issue November 11, 2003) following a paragraph IV certification as part of Par's filing of an ANDA to manufacture a generic version of Santarus' Zegerid® (omeprazole/sodium bicarbonate, used to treat heartburn and other symptoms associated with gastroesophageal reflux disease).  View the complaint here.

Purdue Pharma L.P. et al. v. Apotex Inc. et al.
1:07-cv-08002; filed September 12, 2007 in the Southern District of New York

Infringement of U.S. Patent No. 5,508,042 ("Controlled Release Oxycodone Compositions," issued April 16, 1996) following a paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone hydrochloride, used to treat pain).  View the complaint here.

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