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-00464; filed September 15, 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, use, and sale of products and processes for testing of plasma donations to identify donations having a positive viral indication. View the complaint here.
Glaxo Group Ltd. et al. v. Novartis Corp.
1:08-cv-01570; filed September 12, 2008 in the District Court of the District of Columbia
Review of various decisions of the Board of Patent Appeals and Interferences declaring various interferences between U.S. Patent Nos. 6,511,652 ("Metered Dose Enhaler for Beclomethasone Dipropionate," issued January 28, 2003), 6,511,653 (same title, issued January 28, 2003), 6,532,955 ("Metered Dose Enhaler for Albuterol," issued March 18, 2003), and 6,546,928 ("Metered Dose Enhaler for Fluticasone Propionate," issued April 15, 2003), assigned to SmithKline Beecham, and U.S. Patent Application No. 10/424,633 ("An Aerosol Container and a Method for Storage and Administration of a Predetermined Amount of a Pharmaceutically Active Aerosol," filed April 28, 2003), assigned to Novartis. View the complaint here.
Salix Pharmaceuticals, Inc. v. Novel Laboratories, Inc. et al.
3:08-cv-04628; filed September 8, 2008 in the District Court of New Jersey
Infringement of U.S. Patent No. 5,616,346 ("Non-Aqueous Colonic Purgative Formulations," issued April 1, 1997) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Salix's Osmoprep® (monobasic sodium phosphate and dibasic sodium phosphate, used for cleansing of the colon as a preparation for colonoscopy). View the complaint here.
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