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.
Pfizer Inc. et al. v. Apotex Inc. et al.
1:08-cv-00948; filed December 17, 2008 in the District Court of Delaware
Pfizer Inc. et al. v. Apotex Inc. et al.
1:08-cv-07231; filed December 17, 2008 in the Northern District of Illinois
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 5,273,995 ("[R-(R*R*)]-2-(4-fluorophenyl)-beta, delta-dihydroxy-5-(1-methylethyl-3-phenyl-4-[(phenylamino) carbonyl]-1H-pyrrole-1-heptanoic acid, its lactone form and salts thereof," issued December 28, 1993) based on Apotex's filing of an ANDA to manufacture a generic version of Pfizer's Lipitor® (atorvastatin calcium, used to treat high cholesterol and heart disease). View the Delaware complaint here.
Medimmune, LLC v. PDL Biopharma, Inc.
5:08-cv-05590; filed December 16, 2008 in the Northern District of California
Declaratory judgment of invalidity and non-infringement of U.S. Patent Nos. 5,585,089 ("Humanized Immunoglobulins," issued December 17, 1996), 5,693,761 ("Polynucleotides Encoding Improved Humanized Immunoglobulins," issued December 2, 1997), 5,693,762 ("Humanized Immunoglobulins," issued December 2, 1997), 6,180,370 ("Humanized Immunoglobulins and Methods of Making the Same," issued January 30, 2001), and 7,022,500 ("Humanized Immunoglobulins," issued April 4, 2006), based on Medimmune's manufacture and sale of its Synagis® (palivizumab, for the prevention of serious lung infections caused by respiratory syncytial virus (RSV) in children at high risk of RSV disease) and Medimmune's manufacture of motavizumab (a next-generation anti-RSV antibody). View the (amended) complaint here.
Monsanto Co. et al. v. Mason
3:08-cv-00886; filed December 15, 2008 in the Southern District of Illinois
Monsanto Co. et al. v. Thacker
3:08-cv-00885; filed December 15, 2008 in the Southern District of Illinois
Monsanto Co. et al. v. Thoroughman
4:08-cv-01931; filed December 12, 2008 in the Eastern District of Missouri
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 5,352,605 ("Chimeric Genes for Transforming Plant Cells Using Viral Promoters," issued October 4, 1994) and RE39,247 ("Glyphosate-tolerant 5-enolpyruvylshikimate-3-phosphate Synthases," issued August 22, 2006) based on defendant's use of soybean seed produced from earlier planted Roundup Ready® soybean seed. View the Mason complaint here.
Schering Corp. v. Orgenus Pharma Inc. et al.
3:08-cv-06102; filed December 12, 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.
Eli Lilly and Company v. Wockhardt USA, Inc. et al.
3:08-cv-06135; filed December 12, 2008 in the District Court of New Jersey
Eli Lilly and Company v. Actavis Elizabeth LLC
3:08-cv-06136; filed December 12, 2008 in the District Court of New Jersey
Eli Lilly and Company v. Aurobindo Pharma USA, Inc. et al.
3:08-cv-06137; filed December 12, 2008 in the District Court of New Jersey
Eli Lilly and Company v. Cobalt Laboratories, Inc.
3:08-cv-06138; filed December 12, 2008 in the District Court of New Jersey
Eli Lilly and Company v. Sandoz, Inc.
3:08-cv-06124; filed December 12, 2008 in the District Court of New Jersey
Eli Lilly and Company v. Impax Laboratories, Inc.
3:08-cv-06139; filed December 12, 2008 in the District Court of New Jersey
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.
Gilead Sciences, Inc., v. Teva Pharmaceuticals USA, Inc. et al.
1:08-cv-10838; filed December 12, 2008 in the Southern District of New York
Infringement of U.S. Patent Nos. 6,642,245 ("Antiviral Activity and Resolution of 2-Hydroxymethyl-5-(5-fluorocytosin-1-yl)-l,3-oxathiolane," issued November 4, 2003) and 6,703,396 ("Method of Resolution and Antiviral Activity of 1,3-Oxathiolane Nucleoside Enantiomers," issued March 9, 2004) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Gilead's Truvada® (emtricitabine and tenofovir disoproxil fumarate, used for the treatment of HIV-1 infection in adults). View the complaint here.
Intervet Inc. v. Merial Ltd.
1:08-cv-02162; filed December 11, 2008 in the District Court of the District of Columbia
Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 6,224,882 ("Insect Cells or Fraction as Adjuvant for Antigens," issued May 1, 2001) based on Intervet's manufacture and sale of its Circumvent® PCV (porcine circovirus vaccine). View the complaint here.
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