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.

University of Iowa et al. v. Amgen, Inc. et al.
3:08-cv-00112; filed September 8, 2008 in the Southern District of Iowa

Infringement of U.S. Patent Nos. 5,168,062 ("Transfer Vectors and Microorganisms Containing Human Cytomegalovirus Immediate-Early Promoter-Regulatory DNA Sequence," issued December 1, 1992) and 5,285,839 based on Amgen's manufacture and sale of Enbrel® and Vectibix® (etanercept, used to treat arthritis, and panitumumab, used to treat colon cancer, respectively).  View the complaint here.  [Ed.:  As noted by a Patent Docs reader, while the complaint lists U.S. Patent No. 5,285,839 ("Internal combustion engine and method for making same"), plaintiffs likely intended to list U.S. Patent No. 5,385,839 ("Transfer Vectors and Microorganisms Containing Human Cytomegalovirus Immediate-Early Promoter-Regulatory DNA Sequence," issued January 31, 1995) instead.]

Ortho-McNeil Janssen Pharmaceuticals, Inc. v. Amneal Pharmaceuticals
2:08-cv-04494; filed September 5, 2008 in the District Court of New Jersey

Infringement of U.S. Patent No. RE39,221 ("Composition Comprising a Tramadol Material and Acetaminophen and Its Use," issued August 1, 2006) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of Ortho-McNeil's Ultracet® (tramadol hydrochloride and acetaminophen, used to treat acute pain).  View the complaint here.

Comments

[Pokey Puppy]

I believe the second patent number for University of Iowa is actually 5,385,839, although the number listed in your report (...285...) is the same as in their complaint. Whoopsy-daisy!

[Pokey Puppy]

Also, in addition to needing to amend their complaint, I would suggest that the University of Iowa take a look at whether they might need to file a terminal disclaimer over the first patent, if they haven't done so already.

[Donald Zuhn]

Pokey Puppy:

Thanks for catching the error in the complaint. The post has been updated accordingly.

Don

[Donald Zuhn]

Pokey Puppy:

With respect to filing a terminal disclaimer, it appears from the USPTO patent full-text database that the patentees have already done so.

Don

[Sherri Oslick]

Good catch, Pokey Puppy. U Iowa did identify and submit copies of the correct patents with their complaint, and the notice sent to the USPTO also reflects the correct patents. Nevertheless, their complaint does indeed appear to be erroneous.