Court Report

    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.

Sepracor Inc. et al. v. Sandoz, Inc.
4:08-cv-00089; filed June 12, 2008 in the Eastern District of North Carolina

Infringement of U.S. Patent No. 5,698,558 ("Methods for Treating Allergic Disorders Using Optically Pure (-)Cetirizine," issued December 16, 1997), licensed to UCB, following a paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of UCB's XYZAL® (levocetirizine dihydrochloride, used to treat seasonal and perennial allergic rhinitis).  View the complaint here.

Nycomed GmbH et al. v. Teva Pharmaceuticals USA, Inc. et al.
2:08-cv-02877; filed June 11, 2008 in the District Court of New Jersey

Infringement of U.S. Patent No. 4,758,579 ("Fluoroalkoxy Substituted Benzimidazoles Useful as Gastric Acid Secretion Inhibitors," issued July 19, 1988), licensed to Wyeth, following a paragraph IV certification as part of Teva'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.

Takeda Pharmaceutical Co. Ltd. et al. v. Barr Pharmaceuticals Inc. et al.
1:08-cv-00339; filed June 9, 2008 in the District Court of Delaware

Infringement of U.S. Patent Nos. 5,464,632 ("Rapidly Disintegratable Multiparticular Tablet," issued December 7, 1995) and 6,328,994 ("Orally Disintegrable Tablets," issued December 11, 2001) following a paragraph IV certification as part of Barr's filing of an ANDA to manufacture a generic version of plaintiff's Prevacid® SoluTab (lansoprazole delayed release orally disintegrating tablets, used to treat ulcers, gastroesophageal reflux disease, erosive esophagitis, and pathological hypersecretory conditions, including Zollinger-Ellison syndrome).  View the complaint here.

Ethypharm S.A. v. Barr Laboratories Inc. et al.
1:08-cv-00344; filed June 9, 2008 in the District Court of Delaware

Infringement of U.S. Patent No. 5,464,632 ("Rapidly Disintegratable Multiparticular Tablet," issued December 7, 1995), licensed to Takeda, following a paragraph IV certification as part of Barr's filing of an ANDA to manufacture a generic version of Takeda's Prevacid® SoluTab (lansoprazole delayed release orally disintegrating tablets, used to treat ulcers, gastroesophageal reflux disease, erosive esophagitis, and pathological hypersecretory conditions, including Zollinger-Ellison syndrome).  View the complaint here.

Janssen, L.P. et al. v. Sandoz, Inc.
3:08-cv-02892; filed June 9, 2008 in the District Court of New Jersey

Infringement of U.S. Patent No. 7,160,559 ("Controlled Release Galantamine Composition," issued January 9, 2007) following a paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Janssen's Razadyne ER® (formerly Reminyl®) (galantamine hydrobromide, used to treat mild to moderate dementia of the Alzheimer's type).  View the complaint here.

Cytologic, Inc., et al. v. Biopheresis Gmbh et al.
1:08-cv-00978; filed June 6, 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 Biopheresis in the interference between U.S. Patent No. 6,379,708 ("Method for Enhancing Immune Responses in Mammals," issued April 30, 2002), assigned to Cytologic and Colorado State University Research Foundation, and U.S. Patent Application No. 09/709,045 ("Method and System to Remove Cytokine Inhibitor in Patients," filed November 10, 2000), assigned to Biopheresis.  View the complaint here.

Medicis Pharmaceutical Corp. v. Perrigo Israel Pharmaceuticals, Ltd. et al.
1:08-cv-00539; filed June 6, 2008 in the Western District of Michigan

Infringement of U.S. Patent Nos. 6,765,001 ("Compositions and Methods for Enhancing Corticosteroid Delivery," issued July 20, 2004) and 7,220,424 (same title, issued May 22, 2007) following a paragraph IV certification as part of Perriog's filing of an ANDA to manufacture a generic version of plaintiff's Vanos® (fluocinonide cream, used to relieve inflammation and itching caused by certain skin conditions that respond to corticosteroids).  View the complaint here.

Eli Lilly and Company et al. v. Teva Parenteral Medicines Inc.
1:08-cv-00335; filed June 5, 2008 in the District Court of Delaware

Infringement of U.S. Patent No. 5,344,932 ("N-(pyrrolo(2,3-d)pyrimidin-3-ylacyl)-Glutamic Acid Derivatives," issued September 6, 1994), licensed to Eli Lilly, following a paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Lilly's Alimta® (pemetrexed for injection, used to treat malignant pleural mesothelioma and locally advanced or metastatic non-small cell lung cancer).  View the complaint here.

Forest Laboratories Inc. et al. v. Apotex Inc. et al.
1:08-cv-00336; filed June 5, 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.

King Pharmaceuticals, Inc. et al. v. Lupin Ltd. et al.
1:08-cv-01468; filed June 5, 2008 in the District Court of Maryland

King Pharmaceuticals, Inc. et al. v. Sandoz Inc.
3:08-cv-02802; filed June 5, 2008 in the District Court of New Jersey

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 7,368,469 ("Use of Inhibitors of the Renin-Angiotensin System in the Prevention of Cardiovascular Events," issued on May 6, 2008), assigned to Sanofi-Aventis and licensed to King Pharmaceuticals, following a paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of King's Altace® (ramipril, used to lower cardiovascular risk and to treat hypertension).  View the Lupin complaint here.

Daiichi Sankyo Co., Ltd. et al. v. Matrix Laboratories, Ltd. et al.
2:08-cv-02752; filed June 3, 2008 in the District Court of New Jersey

Infringement of U.S. Patent No. 5,616,599 ("Angiotensin II antagosist 1-biphenylmethylimidazole Compounds and Their Therapeutic Use," issued April 1, 1997), following a paragraph IV certification as part of Matrix's filing of an ANDA to manufacture a generic version of plaintiff's Azor® (amlodipine and olmesartan medoxomil, used to treat hypertension).  View the complaint here.

Centocor Inc. v. Genentech Inc. et al.
2:08-cv-03573; filed May 30, 2008 in the Central District of California

Declaratory judgment of, invalidity, unenforceability, and non-infringement of U.S. Patent No. 6,331,415 ("Methods of Producing Immunoglobulins, Vectors and Transformed Host Cells for Use Therein," issued on December 18, 2001) in conjunction with Centocor's manufacture and sale of its ReoPro® (abciximab, used for the prevention of cardiac ischemic complications) and ustekinumab (used to treat chronic moderate-to-severe plaque psoriasis) antibody products.  View the complaint here.

Comments

[Sandeep]

Hi Sherry,

Further to the King/ Ramipril debate, King's motion for an injunction was denied.

Lupin has now introduced generic Ramipril capsules in the US market.

http://www.pharmaceutical-business-review.com/article_news.asp?guid=9EF61BC9-E7D7-4C18-BFF5-E585A4CE1F4D