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.
Merial Ltd. v. Intervet, Inc.
3:08-cv-00121; filed December 10, 2008 in the Middle District of Georgia
Merial Ltd. v. Boehringer Ingelheim Vetmedica, Inc.
3:08-cv-00116; filed December 8, 2008 in the Middle District of Georgia
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 6,224,882 ("Insect Cells or Fraction as Adjuvant for Antigens," issued May 1, 2001) based on defendants' manufacture and sale of various veterinary vaccines containing insect cell fractions. View the Boehringer complaint here.
AstraZeneca Pharmaceuticals LP et al. v. Handa Pharmaceuticals, LLC et al.
3:08-cv-05997; filed December 8, 2008
Infringement of U.S. Patent Nos. 4,879,288 ("Novel Dibenzothiazepine Antipsychotic," issued November 7, 1989) and 5,948,437 ("Pharmaceutical Compositions Using Thiazepine," issued September 7, 1999) following a Paragraph IV certification as part of defendants' filing of an amendment of their ANDA (adding an additional dosage form) to manufacture a generic version of AstraZeneca's Seroquel® XR (quetiapine fumarate, used to treat schizophrenia and bipolar disorder). View the complaint here.
Orion Corp. v. Wockhardt USA Inc. et al.
1:08-cv-00917; filed December 8, 2008 in the District Court of Delaware
Infringement of U.S. Patent Nos. 5,446,194 ("Pharmacologically active catechol derivatives," issued August 29, 1995), 5,135,950 ("Stable Polymorphic Form of (E)-N,N-diethyl-2-cyano-3-(3,4-dihydroxy-5-nitrophenyl)acrylamide and the Process for Its Preparation," issued August 4, 1992), and 6,500,867 ("Pharmaceutical Composition Comprising Entacapone, Levodopa, and Carbidopa," issued December 31, 2002) following a Paragraph IV certification as part of Wockhardt's filing of an ANDA to manufacture a generic version of Orion's Stalevo® (marketed by Novartis in the U.S.) (entacapone, levodopa, and carbidopa mixture, used to treat Parkinson's disease). View the complaint here.
King Pharmaceuticals, Inc. et al. v. Sandoz Inc.
3:08-cv-05974; filed December 5, 2008 in the District Court of New Jersey
Infringement of U.S. Patent No. 7,122,566 ("Metaxalone Products, Method of Manufacture, and Method of Use," issued on October 17, 2006) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of King's Skelaxin® (metaxalone, used as an adjunct to rest, physical therapy, and other measures for the relief of discomforts associated with acute, painful
musculoskeletal conditions). View the Colorado complaint here.
Auxilium Pharmaceuticals, Inc. et al. v. Upsher-Smith Laboratories, Inc.
1:08-cv-02651; filed December 5, 2008 in the District Court of Colorado
Auxilium Pharmaceuticals Inc. et al. v. Upsher-Smith Laboratories Inc.
1:08-cv-00908; filed December 4, 2008 in the District Court of Delaware
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 7,320,968 ("Pharmaceutical Composition," issued January 22, 2008) following a Paragraph IV certification as part of Upsher-Smith's filing of an ANDA to manufacture a generic version of Auxilium's Testim® (transdermal testosterone gel, used to treat hypogonadism in men). View the Colorado complaint here.
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