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.
Duramed Pharmaceuticals, Inc. v. Watson Laboratories, Inc. et al.
3:08-cv-00116; filed March 6, 2008 in the District Court of Nevada
Duramed Pharmaceuticals, Inc. v. Watson Laboratories, Inc. et al.
2:08-cv-01145; filed March 4, 2008 in the District Court of New Jersey
Infringement of U.S. Patent No. 7,320,969 ("Oral Contraceptives to Prevent Pregnancy and Diminish Premenstrual Symptomatology," issued January 22, 2008) following a paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Duramed's Seasonique® (levonorgestrel/ethinyl estradiol, used as oral contraception). The complaints in these cases are substantially identical. View the New Jersey complaint here.
Watson Laboratories Inc v. Duramed Pharmaceuticals Inc et al.
8:08-cv-00243; filed March 4, 2008 in the Central District of California
Declaratory judgment of non-infringement and/or invalidity of U.S. Patent No. 7,320,969 ("Oral Contraceptives to Prevent Pregnancy and Diminish Premenstrual Symptomatology," issued January 22, 2008) in conjunction with Watson's filing of an ANDA to manufacture a generic version of Duramed's Seasonique® (levonorgestrel/ethinyl estradiol, used as oral contraception). View the complaint here.
Mylan Pharmaceuticals Inc. v. Eli Lilly and Company
3:08-cv-00144; filed March 4, 2008 in the Eastern District of Virginia
Declaratory judgment of non-infringement, unenforceabilty and/or invalidity of U.S. Patent No. 5,658,590 ("Treatment of Attention-Deficit/ Hyperactivity Disorder," issued August 19, 1997) in conjunction with Mylan's filing of an ANDA to manufacture a generic version of Lilly's Strattera® (atomoxetine hydrochloride, used to treat attention-deficit/hyperactivity disorder). View the complaint here. [NB: This case was voluntarily dismissed by Mylan two days after filing.]
Abbott Laboratories et al. v. Teva Pharmaceuticals USA, Inc.
1:08-cv-01243; filed February 29, 2008 in the Northern District of Illinois
Infringement of U.S. Patent Nos. 6,277,405 ("Fenofibrate Pharmaceutical Composition Having High Bioavailability and Method for Preparing It," issued August 21, 2001), 7,037,529 (same title, issued May 2, 2006), and 7,041,319 ("Fenofibrate Pharmaceutical Composition Having High Bioavailabilty," issued May 9, 2006) following a paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Abbott's Tricor® (fenofibrate, used in the treatment of increased triglyceride levels). View the complaint here.
Elan Pharma International Ltd. et al. v. Teva Pharmaceuticals USA, Inc.
2:08-cv-01085; filed February 29, 2008 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 5,145,684 ("Surface Modified Drug Nanoparticles," issued September 8, 1992), 7,276,249 ("Nanoparticulate Fibrate Formulations," issued October 2, 2007), and 7,320,802 ("Methods of Treatment Using Nanoparticulate Fenofibrate Compositions," issued January 22, 2008), all licensed to Abbott, following a paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Abbott's Tricor® (fenofibrate, used in the treatment of increased triglyceride levels). View the complaint here.
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