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.
Cobalt Pharmaceuticals Inc. et al. v. Bayer Aktiengesellschaft et al.
1:07-cv-05875; filed October 17, 2007 in the Northern District of Illinois
Declaratory judgment of non-infringement, invalidity, and preclusion of delisting of U.S. Patent No. 4,904,769 ("Highly Pure Acarbose," issued February 27, 1990) in conjunction with Cobalt's filing of an ANDA to manufacture a generic version of Bayer's Precose® (acarbose, used to treat hyperglycemia in patients with Type-II diabetes). View the complaint here.
Monsanto Company et al. v. Bowman
2:07-cv-00283; filed October 15, 2007 in the Southern 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.
Sanofi-Aventis et al. v. Aurobindo Pharma Ltd. et al.
1:07-cv-05807; filed October 12, 2007 in the Northern District of Illinois
Sanofi-Aventis et al. v. Sun Pharmaceutical Industries, Incorporated et al.
2:07-cv-14355; filed October 12, 2007 in the Eastern District of Michigan
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 4,661,491 ("Alfuzosine Compositions and Use," issued April 28, 1987) and 6,149,940 ("Tablet with Controlled Release of Alfuzosine Chlorhydrate," issued November 21, 2000) following a paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Sanofi-Aventis' Uroxatral® (alfuzosin hydrochloride, used to treat benign prostatic hyperplasia). View the Aurobindo complaint here.
NOTE TO OUR READERS: Due to an outage in the case management system for the District Court of New Jersey, Court Report will be presented in two parts this week. Newly filed cases in the District Court of New Jersey will be presented tomorrow. Patent Docs apologizes for the inconvenience.
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