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.
Eisai Co., Ltd. et al. v. Teva Pharmaceuticals USA, Inc. et al.
2:07-cv-05489; filed November 14, 2007 in the District Court of New Jersey
Infringement of U.S. Patent No. 4,895,841 ("Cyclic Amine Compounds with Activity Against Acetylcholinesterase," issued January 23, 1990) following a paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Eisai's Aricept® (donepezil hydrochloride, used in the treatment of mild to severe dementia of the Alzheimer's type). View the complaint here.
Celgene Corporation v. Barr Laboratories, Inc. et al.
2:07-cv-05485; filed November 14, 2007 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 6,045,501 ("Methods for Delivering a Drug to a Patient While Preventing the Exposure of a Foetus or Other Contraindicated Individual to the Drug," issued April 4, 2000), 6,561,976 (same title, issued May 13, 2003), 6,315,720 ("Methods for Delivering a Drug to a Patient While Avoiding the Occurrence of an Adverse Side Effect Known or Suspected of Being Caused by the Drug," issued November 13, 2001), 6,561,977 ("Methods for Delivering a Drug to a Patient While Restricting Access to the Drug by Patients for Whom the Drug May be Contraindicated," issued May 13, 2003), 6,755,784 (same title, issued June 29, 2004), 6,869,399 (same title, issued March 22, 2005), and 7,141,018 (same title, issued November 28, 2006) following a paragraph IV certification as part of Barr's filing of an ANDA to manufacture a generic version of Celgene's Thalomid® (thalidomide, used to treat multiple myeloma and erythema nodosum leprosum). View the complaint here. As reported here, Celgene has previously asserted these patents against Barr; the present complaint includes an additional dosage included in Barr's amended ANDA.
Orion Corporation v. Sun Pharmaceutical Industries Inc. et al.
3:07-cv-05436; filed November 13, 2007 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,500,867 ("Pharmaceutical Composition Comprising Entacapone, Levodopa, and Carbidopa," issued December 31, 2002) following a paragraph IV certification as part of Sun's filing of an ANDA to manufacture a generic version of Orion's Stalevo® (marketed by Novartis in the U.S.) (entacapone, levodopa, and carbidopa mixture, used to treat Parkinson's disease). View the complaint here.
BASF AGRO B.V. et al. v. CIPLA Limited et al.
3:07-cv-00125; filed November 13, 2007 in the Middle District of Georgia
Infringement of U.S. Patent Nos. 5,232,940 ("Derivatives of N-Phenylpyrazoles," issued August 3, 1993) (licensed exclusively to Merial in the veterinary field) and 6,096,329 ("Insecticidal Combination to Control Mammal Fleas, in Particular Fleas on Cats and Dogs," issued August 1, 2000) based on defendants' manufacture and/or sale of CIPLA's Protecktor products, allegedly generic versions of Merial's Frontline® products (fipronil, used in veterinary applications to treat fleas). View the complaint here.
Aventis Pharma S.A. et al. v. Hospira Inc.
1:07-cv-00721; filed November 9, 2007 in the District Court of Delaware
Infringement of U.S. Patent Nos. 5,714,512 ("Compositions Containing Taxane Derivatives," issued February 3, 1998) and 5,750,561 (same title, issued May 12, 1998) following a paragraph IV certification as part of Hospira's filing of an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic version of Aventis' Taxotere® (docetaxel, used to treat breast, lung, prostate, gastric, and head and neck cancers). View the complaint here.
Monsanto Company et al. v. Ledbetter et al.
3:07-cv-01881; filed November 9, 2007 in the Northern District of Texas
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 cotton seed produced from earlier planted Roundup Ready® cotton seed. View the complaint here.
Sanofi-Aventis U.S. LLC et al. v. Pharmachemie B.V. et al.
3:07-cv-05408; filed November 9, 2007 in the District Court of New Jersey
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), 5,420,319 ("Cis-oxalato(trans-1-1,2-cyclohexanediamine) Pt(II) Complex Having High Optical Purity and Process of Preparing Same," issued May 30, 1995), 5,290,961 ("Platinum Compound and Process of Preparing Same," issued March 1, 1994), and 5,959,133 ("Process for the Preparation of Platinum Compounds," issued September 28, 1999) following a paragraph IV certification as part of Pharmachemie's filing of an ANDA to manufacture a generic version of plaintiffs' Eloxatin® (oxaliplatin for injection, used to treat colorectal cancer). View the complaint here.
Celgene Corporation et al. v. Actavis South Atlantic LLC et al.
3:07-cv-05367; filed November 8, 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 Actavis' 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.
Eastern Virginia Medical School v. Cytogen Corporation
1:07-cv-01130; filed November 6, 2007 in the Eastern District of Virginia
Infringement of U.S. Patent No. 5,153,118 ("Monoclonal Antibodies Having Binding Specificity to Human Prostate Tumor-Associated Antigens and Methods for Employing the Same," issued October 6, 1992) based on Cytogen's manufacture and sale of its ProstaScint® Kit, which includes a monoclonal antibody known as ProstaScint®. View the complaint here.
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