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.
Eli Lilly and Company v. Mayne Pharma Limited et al.
1:08-cv-00037; filed January 10, 2008 in the Southern District of Indiana
Infringement of U.S. Patent Nos. 4,808,614 ("Difluoro Aantivirals and Intermediate Therefore," issued February 18, 1989) and 5,464,826 ("Method of Treating Tumors in Mammals with 2',2'-difluoronucleosides," issued November 7, 1995) following a paragraph IV certification as part of Mayne's filing of an ANDA to manufacture a generic version of Lilly's Gemzar® (gemcitabine hydrochloride for injection, used to treat non-small cell lung cancer, pancreatic cancer, breast cancer, and ovarian cancer). View the complaint here.
Monsanto Company et al. v. LaValle
4:08-cv-00043; filed January 10, 2008 in the Eastern District of Missouri
Monsanto Company et al. v. Barry et al.
3:08-cv-03012; filed January 9, 2008 in the Central District of Illinois
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. The complaints in these cases are substantially identical. View the Barry complaint here.
Hoang v. Abbott Laboratories, Inc. et al.
1:08-cv-00189; filed January 9, 2008 in the Northern District of Illinois
To the best of the ability of this Patent Docs author to discern, as the plaintiff filed pro se, correction of inventorship of U.S. Patent No. 6,667,338 ("9-amino erythromycin derivatives with antibacterial activity," issued December 23, 2003) is at issue. View the complaint here.
Sanofi-Aventis U.S. LLC et al. v. Barr Laboratories, Inc.
3:08-cv-00079; filed January 4, 2008 in the District Court of New Jersey
Infringement of U.S. Patent No. 5,338,874 ("Cis oxalato (trans 1-1,2-cyclohexanediamine) PT(II) Having Optically High Purity," issued August 16, 1994) following a paragraph IV certification as part of Barr'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.
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