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.
Abbott Laboratories et al. v. Teva Pharmaceuticals USA, Inc. et al.
1:08-cv-06659; filed November 20, 2008 in the Northern District of Illinois
Infringement of U.S. Patent Nos. 5,246,925 ("19-nor-Vitamin D Compounds for Use in Treating Hyperparathyroidism," issued September 21, 1993) and 5,587,497 ("19-nor-Vitamin D Compounds," issued December 24, 1996) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Abbott's Zemplar® (paricalcitol, used to treat secondary hyperparathyroidism in patients with kidney failure). View the complaint here.
Eli Lilly and Company et al. v. Teva Parenteral Medicines Inc.
1:08-cv-00860; filed November 19, 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. [NB: As reported previously in Court Report, Eli Lilly filed suit against Teva earlier this year on this same patent based on an ANDA directed to a different dosage form.]
Boehringer Ingelheim Pharma GMBH & Co., KG et al. v. Norbrook Laboratories Limited et al.
4:08-cv-00870; filed November 18, 2008 in the Western District of Missouri
Infringement of U.S. Patent No. 6,184,220 ("Oral Suspension of Pharmaceutical Substance," issued February 6, 2001) following the equivalent of a Paragraph IV certification as part of Norbrook's filing of its ANADA (Abbreviated New Animal Drug Application) to manufacture a generic version of Boehringer's Metacam® (meloxicam, used for the control of inflammation associated with osteoarthritis in dogs). View the complaint here.
Alpharma Inc. v. Purdue Pharma L.P.
1:08-cv-00050; filed November 17, 2008 in the Western District of Virginia
Declaratory judgment of non-infringement and invalidity of U.S. Patent Nos. 6,277,384 ("Opioid Agonist/Antagonist Combinations," issued August 21, 2001), 6,375,957 ("Opioid Agonist/Opioid Antagonist/Acetaminophen Combinations," issued April 23, 2002), 6,475,494 ("Opioid Agonist/Antagonist Combinations," issued November 5, 2002), 6,696,066 (same title, issued February 24, 2004), 7,172,767 (same title, issued February 6, 2007), 7,419,686 (same title, issued September 2, 2008), 6,228,863 ("Method of Preventing Abuse of Opioid Dosage Forms," issued May 8, 2001), 6,627,635 (same title, issued September 30, 2003), and 6,696,088 ("Tamper Resistant Oral Opioid Agonist Formulations," issued February 24, 2004) in conjunction with Alpharma's filing of an NDA seeking approval of their ALO-01, an abuse-resistant formulation of extended release morphine and sequestered naltrexone. View the complaint here.
Eli Lilly and Company v. Wockhardt Limited et al.
1:08-cv-01547; filed November 14, 2008 in the Southern District of Indiana
Eli Lilly and Company v. Impax Laboratories, Inc.
1:08-cv-01549; filed November 14, 2008 in the Southern District of Indiana
Eli Lilly and Company v. Sandoz, Inc.
1:08-cv-01548; filed November 14, 2008 in the Southern District of Indiana
Eli Lilly and Company v. Cobalt Laboratories, Inc.
1:08-cv-01550; filed November 14, 2008 in the Southern District of Indiana
Eli Lilly and Company v. Actavis Elizabeth LLC
1:08-cv-01559; filed November 14, 2008 in the Southern District of Indiana
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 5,023,269 ("3-Aryloxy-3-Substituted Propanamines," issued June 11, 1991) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Lilly's Cymbalta® (duloxetine hydrochloride, used to treat depression and generalized anxiety disorder and for the management of diabetic peripheral neuropathic pain and fibromyalgia). View the Wockhardt complaint here.
Schering Corp. v. Caraco Pharmaceutical Laboratories, Ltd. et al.
3:08-cv-05623; filed November 14, 2008 in the District Court of New Jersey
Infringement of U.S. Patent No. 7,405,223 ("Treating Allergic And Inflammatory Conditions," issued July 29, 2008) following a Paragraph IV certification as part of defendants' amendment of their ANDA to manufacture a generic version of Schering-Plough's Clarinex® (desloratidine, used to treat allergies) prior to the expiration of the '223 patent. View the complaint here.
Pozen Inc. v. Par Pharmaceutical, Inc.
6:08-cv-00437; filed November 14, 2008 in the Eastern District of Texas
Infringement of U.S. Patent Nos. 6,060,499 ("Anti-migraine Methods and Compositions Using 5-HT Agonists with Long-Acting NSAIDS," issued May 9, 2000), 6,586,458 ("Methods of Treating Headaches Using 5-HT Agonists in Combination with Long-Acting NSAIDS," issued July 1, 2003), and 7,332,183 ("Multilayer Dosage Forms Containing NSAIDS and Triptans," issued February 19, 2008), licensed to GlaxoSmithKline, following a Paragraph IV certification as part of Par's filing of an ANDA to manufacture a generic version of GSK's Treximet® (sumatriptan and naproxen sodium, used to treat migrane attacks). View the complaint here.
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