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.
Procter & Gamble Co. et al. v. Sun Pharma Global, Inc.
2:09-cv-10342; filed January 29, 2009 in the Eastern District of Michigan
Proctor & Gamble Co. et al. v. Sun Pharma Global Inc.
1:09-cv-00061; filed January 26, 2009 in the District Court of Delaware
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 7,192,938 ("Method of Treatment Using Bisphosphonic Acid," issued March 20, 2007) following a Paragraph IV certification as part of Sun's filing of an ANDA to manufacture a generic version of P&G's Actonel® (risedronate sodium, used to treat and prevent postmenopausal osteoporosis). View the Delaware complaint here.
Monsanto Co. et al. v. Manhart
4:09-cv-00172; filed January 29, 2009 in the Eastern District of Missouri
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 complaint here.
Eli Lilly & Co. v. Invagen Pharmaceuticals, Inc.
1:09-cv-00087; filed January 28, 2009 in the Southern District of Indiana
Infringement of U.S. Patent Nos. 6,458,811 ("Benzothiophenes Formulations Containing Same and Methods," issued October 1, 2002), 6,797,719 (same title, issued September 28, 2004), and 6,894,064 (same title, issued May 17, 2005) following a Paragraph IV certification as part of Invagen's filing of an ANDA to manufacture a generic version of Lilly's Evista® (raloxifene, used for the prevention and treatment of osteoporosis in postmenopausal women and for the reduction in risk of invasive breast cancer in postmenopausal women with osteoporosis and in postmenopausal women at high risk of invasive breast cancer). View the complaint here.
Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc. et al.
2:09-cv-10274; filed January 26, 2009 in the Eastern District of Michigan
Declaratory judgment of noninfringement of U.S. Patent No. 7,420,069 ("Crystalline Composition Containing Escitalopram," issued September 2, 2008) in conjunction with Caraco's filing of an ANDA seeking approval to manufacture and sell a generic version of Forest's Lexapro® (escitalopram oxalate, used to treat depression and generalized anxiety disorder). View the complaint here.
Aventis Pharmaceuticals Inc. et al. v. Sun Pharma Global Inc. et al.
1:09-cv-00481; filed January 26, 2009 in the Northern District of Illinois
Aventis Pharmaceuticals Inc. et al. v. Sun Pharma Global Inc. et al.
2:09-cv-00325; filed January 23, 2009 in the District Court of New Jersey
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 7,135,571 ("Processes for Preparing Anhydrous and Hydrate Forms of Antihistaminic Piperidine Derivatives, Polymorphs and Pseudomorphs Thereof," issued November 14, 2006), 6,399,632 ("Method of Providing an Antihistaminic Effect in a Hepatically Impaired Patient," issued June 4, 2002), 6,187,791 (same title, issued February 13, 2001), 6,037,353 (same title, issued March 14, 2000), 6,039,974 ("Pharmaceutical Composition for Combination of Piperidinoalkanol-Decongestant," issued March 21, 2000), 5,855,912 ("Pharmaceutical Composition for Piperidinoalkanol Compounds," issued January 5, 1999), 6,113,942 (same title, issued September 5, 2000), and 5,738,872 (same title, issued April 14, 1998) following a Paragraph IV certification as part of Sun's filing of an ANDA to manufacture a generic version of Aventis' Allegra-D® 12 Hour (fexofenadine hydrochloride/ pseudoephedrine, used to treat allergies). View the N.D. Illinois complaint here.
Baxter Healthcare Corp. et al. v. Minrad Inc.
1:09-cv-00054; filed January 23, 2009 in the District Court of Delaware
Infringement of U.S. Patent No. 5,617,906 ("Container for Anaesthetic Agent," issued April 8, 1997) following a Paragraph IV certification as part of Minrad's filing of an ANDA to manufacture a generic version of Baxter's Suprane® (desflurane ((±)1,2,2,2-tetrafluoroethyl difluoromethyl ether, used as a general inhalation anesthetic). View the complaint here.
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