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.
Eurand Inc. et al. v. Impax Laboratories Inc.
1:09-cv-00018; filed January 7, 2009 in the District Court of Delaware
Infringement of U.S. Patent No. 7,387,793 ("Modified Release Dosage Forms of Skeletal Muscle Relaxants," issued July 17, 2008), licensed to Cephalon, following a Paragraph IV certification as part of Impax's filing of an ANDA to manufacture a generic version of Cephalon's Amrix® (cyclobenzaprine hydrochloride, used for relief of muscle spasm associated with acute, painful musculoskeletal conditions). Complaint currently unavailable.
Galderma Laboratories, LP et al. v. Paddock Laboratories Inc.
4:09-cv-00002; filed January 7, 2009 in the Northern District of Texas
Infringement of U.S. Patent No. 5,972,920 ("Formulation Containing a Carrier, Active Ingredient, and Surfactant for Treating Skin Disorders," issued October 26, 1999) following a Paragraph IV certification as part of Paddock's filing of an ANDA to manufacture a generic version of Galderma's Clobex® (clobetasol propionate, used for the treatment of moderate to severe plaque psoriasis). View the complaint here.
OptiGen, LLC v. International Genetics, Inc. et al.
5:09-cv-00006; filed January 5, 2009 in the Northern District of New York
Infringement of U.S. Patent Nos. 5,804,388, ("Chromosome 9 and Progressive Rod-Cone Degeneration Disease Genetic Markers and Assays," issued September 8, 1998) and 7,312,037 ("Identification of the Gene and Mutation Responsible for Progressive Rod-Cone Degeneration in Dog and a Method for Testing Same," issued December 25, 2007), licensed to OptiGen, based on International Genetics' sale of its Pawsitive I.D. kit to test for Progressive Rod-Cone Disease in dogs. View the complaint here.
Pozen Inc. v. Alphapharm Pty Ltd. et al.
1:09-cv-00001; filed January 2, 2009 in the District Court of Delaware
Pozen Inc. v. Alphapharm Pty Ltd. et al.
6:09-cv-00003; filed January 2, 2009 in the Eastern District of Texas
The complaints in these cases are substantially identical. 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) and 6,586,458 ("Methods of Treating Headaches Using 5-HT Agonists in Combination with Long-Acting NSAIDS," issued July 1, 2003), licensed to GlaxoSmithKline, following a Paragraph IV certification as part of Alphapharm'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 Delaware complaint here.
Endo Pharmaceuticals Inc. et al. v. Sandoz Inc.
1:08-cv-00970; filed December 30, 2008 in the District Court of Delaware
Infringement of U.S. Patent No. 5,958,456 ("Controlled Release Formulation (Albuterol)," issued September 28, 1999) following a Paragraph IV certification as part of Sandoz's filing of an amendment to its ANDA (adding additional dosage forms) to manufacture a generic version of Endo's Opana® ER (oxymorphone hydrochloride, used to treat moderate to severe pain in patients requiring continuous, around-the-clock opioid treatment for an extended period of time). View the complaint here.
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