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. Barr Pharmaceuticals, Inc. et al.
3:08-cv-03920; filed August 4, 2008 in the District Court of New Jersey
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 Barr's filing of an ANDA to manufacture a generic version of UCB's XYZAL® (levocetirizine dihydrochloride, used to treat seasonal and perennial allergic rhinitis). An uncorrupted copy of the complaint could not be obtained.
Bayer Schering Pharma AG et al. v. Sandoz, Inc.
1:08-cv-01638; filed August 1, 2008 in the District Court of Colorado
Bayer Schering Pharma AG et al. v. Sandoz, Inc.
2:08-cv-00995; filed August 1, 2008 in the District Court of Nevada
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. RE37,564 ("Composition for Contraception," issued February 26, 2002) and RE37,838 (same title, issued September 10, 2002) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Bayer's Yaz® (drospirenone & ethinyl estradiol, used for oral contraception). View the Colorado complaint here.
Novartis Pharmaceuticals Corp. et al v. Roxane Laboratories, Inc.
2:08-cv-03853; filed July 31, 2008 in the District Court of New Jersey
Infringement of U.S. Patent No. 5,246,937 ("Purine Derivatives," issued September 21, 1993) following a Paragraph IV certification as part of Roxane's filing of an ANDA to manufacture a generic version of Novartis' Famvir® (famciclovir, used for the treatment of acute herpes zoster (shingles), the treatment or suppression of recurrent genital herpes in immunocompentent patients, the treatment of recurrent herpes labialis (cold sores) in immunocompetent patients, and the treatment of recurrent mucotaneous herpes simplex infections in HIV-infected patients). View the complaint here.
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