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.
Apotex Inc. v. Astrazeneca Pharmaceuticals LP et al.
8:08-cv-00213; filed January 31, 2007 in the Middle District of Florida
Declaratory judgment of non-infringement of U.S. Patent No. 6,316,460 ("Pharmaceutical Compositions," issued November 13, 2001) in conjunction with Apotex’s filing of an ANDA to manufacture a generic version of AstraZeneca's Crestor® (rosuvastatin calcium, used to treat high cholesterol). View the complaint here.
Forest Laboratories, Inc. et al. v. Mylan Pharmaceuticals Inc.
1:08-cv-00073; filed January 31, 2008 in the Northern District of West Virginia
Forest Laboratories, Inc. et al. v. Lupin Pharmaceuticals, Inc. et al.
1:08-cv-00239; filed January 28, 2008 in the District Court of Maryland
Forest Laboratories, Inc. et al. v. Upsher-Smith Laboratories, Inc.
0:08-cv-00253; filed January 28, 2008 in the District Court of Minnesota
Forest Laboratories Inc. et al. v. Dr. Reddy's Laboratories Inc. et al.
1:08-cv-00052; filed January 25, 2007 in the District Court of Delaware
Infringement of U.S. Patent No. 5,061,703 ("Adamantane Derivatives in the Prevention and Treatment of Cerebral Ischemia," issued on October 29, 1991), following a paragraph IV certification as part of defendants’ filing of an ANDA to manufacture a generic version of Forest's Namenda® (memantine hydrochloride, used for the treatment of moderate to severe dementia of the Alzheimer's type). The complaints in these cases are substantially identical. View the Dr. Reddy’s Laboratories Inc. complaint here.
Monsanto Company et al. v. Woods
4:08-cv-00137; filed January 29, 2008 in the Eastern District of Missouri
Monsanto Company et al. v. Schaffnit
3:08-cv-03023; filed January 23, 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 Schaffnit complaint here.
United States of America v. Institut Pasteur et al.
1:08-cv-00161; filed January 25, 2008 in the District Court of the District of Columbia
Review of the decision of the Board of Patent Appeals and Interferences awarding priority of invention to Institute Pasteur in the interference between U.S. Patent Application No. 06/693,866 ("Cloning and Expression of HTLV-III DNA," filed January 23, 1985), assigned to the United States as represented by the Secretary of the Department of Health and Human Service and U.S. Patent Application No. 07/999,410 ("Cloned DNA Sequences, Hybridizable with Genomic RNA of Lymphadenopathy-Associated Virus (LAV)," filed December 31, 1992), assigned to Institut Pasteur and the Centre Nationale de la Recherche Scientifique. View the complaint here.
Endo Pharmaceuticals Inc. et al. v. Impax Laboratories Inc.
1:08-cv-00057; filed January 25, 2008 in the District Court of Delaware
Infringement of U.S. Patent Nos. 5,662,933 ("Controlled Release Formulation (Albuterol)," issued September 2, 1997) and 5,958,456 (same title, issued September 28, 1999) following a paragraph IV certification as part of Impax's filing of an ANDA to manufacture a generic version of Endo's Opana® ER (oxymorphone hydrochloride, used to treat moderate to severe pain in patients requiring continuous, around-the-clock opioid treatment for an extended period of time). View the complaint here. [NB: As reported here, Endo challenged Impax’s original paragraph IV certification notices. Impax subsequently amended its ANDA and reissued its paragraph IV notification.]
Glaxo Group Limited v. Amneal Pharmaceuticals, L.L.C. et al.
2:08-cv-00493; filed January 25, 2008 in the District Court of New Jersey
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 Amneal’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.
Comments