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.
National Genetics Institute et al. v. Talecris Biotherapeutics, Inc.
5:08-cv-00238; filed May 21, 2008 in the Eastern District of North Carolina
Infringement of U.S. Patent Nos. 5,780,222 (“Method of PCR Testing of Pooled Blood Samples,” issued July 14, 1998), 6,063,563 (same title, issued May 16, 2000), and 6,566,052 (“Efficient Algorithm for PCR Testing of Blood Samples, issued May 20, 2003), based on Talecris’ manufacture and sale of processes and products employed for the testing of plasma donations to identify donations having a positive viral indication. View the complaint here.
Abbott Laboratories v. Dr. Reddy's Laboratories, Inc. et al.
3:08-cv-02479; filed May 21, 2008 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 6,511,678 ("Controlled Release Formulation of Divalproex Sodium," issued January 28, 2003), 6,528,090 (same title, issued March 4, 2003), 6,713,086 (same title, issued March 30, 2004), and 6,720,004 (same title, issued April 13, 2004) following a paragraph IV certification as part of Dr. Reddy’s filing of an ANDA to manufacture a generic version of Abbott's Depakote® ER (divalproex sodium, used to treat manic episodes associated with bipolar disorder, epilepsy, and migraine headaches). View the complaint here.
Dr. Reddy's Laboratories, Ltd. et al. v. Astrazeneca AB et al.
3:08-cv-02496; filed May 19, 2008 in the District Court of New Jersey
Declaratory judgment of non-infringement of U.S. Patent Nos. 5,690,960 ("Pharmaceutical Formulation of Omeprazole," issued November 25, 1997), 5,900,424 ("Omeprazole Magnesium Salt Form," issued May 4, 1999), 6,147,103 ("Omeprazole Process and Compositions Thereof," issued November 14, 2000), 6,166,213 (same title, issued December 26, 2000), 6,191,148 (same title, issued February 20, 2001), and 6,428,810 (“Pharmaceutical Formulation Comprising Omeprazole,” issued August 6, 2002) in conjunction with Dr. Reddy’s filing of an ANDA to manufacture a generic version of AstraZeneca's Nexium® (esomeprazole magnesium, used for the treatment of gastroesophageal reflux disease). View the complaint here.
Genetics Institute LLC v. Novartis Vaccines and Diagnostics Inc.
1:08-cv-00290; filed May 16, 2008 in the District Court of Delaware
Adjudication of priority of invention between U.S. Patent No. 4,868,112 (“Novel Procoagulant Proteins,” issued September 19, 1989), assigned to Genetics Institute, and U.S. Patent Nos. 6,060,447 (“Protein Complexes Having Factor VIII:C Activity and Production Thereof,” issued May 9, 2000) and 6,228,620 (same title, issued May 8, 2002), assigned to Novartis. View the complaint here.
Forest Laboratories Inc. et al. v. Orgenus Pharma Inc.
1:08-cv-00291; filed May 16, 2008 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 Orgenus’ filing of an ANDA (on behalf of its parent corporation, Orchid Pharma) 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). View the complaint here.
Nycomed GmbH et al. v. Sandoz Inc.
1:08-cv-02871; filed May 16, 2008 in the Northern District of Illinios
Infringement of U.S. Patent No. 6,780,881 ("Freeze-dried Pantoprazole Preparation and Pantoprazole Injection," issued August 24, 2004) (licensed to Wyeth) following a paragraph IV certification as part of Sandoz’s filing of an ANDA to manufacture a generic version of Wyeth's PROTONIX I.V. (pantoprazole sodium injection, used to treat gastroesophageal reflux disease). View the complaint here.
Hoffman-La Roche Inc. v. Actavis Elizabeth LLC et al.
2:08-cv-02428; filed May 16, 2008 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,294,196 ("Pharmaceutical Composition Containing Diphosphonic Acid or Salt Thereof," issued September 25, 2001) following a paragraph IV certification as part of Activis’ filing of an ANDA to manufacture a generic version of Roche's Boniva® (ibandronate sodium, used to treat post-menopausal osteoporosis). View the complaint here.
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