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.
Boehringer Ingelheim Vetmedica Inc. v. Merial Ltd. et al.
3:09-cv-00212; filed February 4, 2009 in the District Court of Connecticut
Declaratory judgment of license to practice, 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 Boehringer's manufacture and sale of its CircoFLEX® products (porcine circovirus vaccines). View the complaint here.
Monsanto Co. et al. v. Jones
3:09-cv-00093; filed February 3, 2009 in the Southern District of Illinois
Monsanto Co. et al. v. Collins
4:09-cv-00195; filed February 3, 2009 in the Eastern District of Missouri
Monsanto Co. et al. v. Pool
4:09-cv-00185; filed February 2, 2009 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 defendants' use of soybean seed produced from earlier planted Roundup Ready® soybean seed. View the Jones complaint here.
Alcon Research, Ltd. et al. v. Apotex Inc. et al.
1:09-cv-00102; filed February 2, 2009 in the Southern District of Indiana
Infringement of U.S. Patent Nos. 5,641,805 ("Topical Ophthalmic Formulations for Treating Allergic Eye Diseases," issued June 24, 1997), 6,995,186 ("Olopatadine Formulations for Topical Administration," issued on February 7, 2006), and 7,402,609 (same title, issued July 22, 2008) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Alcon's Pataday® (olopatadine hydrochloride ophthalmic solution, used to treat ocular itching associated with allergic conjunctivitis). View the complaint here.
Alcon Research, Ltd. et al. v. Sandoz Inc.
1:09-cv-00103; filed February 2, 2009 in the Southern District of Indiana
Infringement of U.S. Patent Nos. 5,641,805 ("Topical Ophthalmic Formulations for Treating Allergic Eye Diseases," issued June 24, 1997) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Alcon's Patanol® (olopatadine hydrochloride ophthalmic solution, used to treat ocular itching associated with allergic conjunctivitis). View the complaint here.
Cephalon Inc. et al. v. Barr Pharmaceuticals Inc. et al.
1:09-cv-00074; filed January 30, 2009 in the District Court of Delaware
Infringement of U.S. Patent Nos. 6,200,604 ("Sublingual Buccal Effervescent," issued March 13, 2001) and 6,974,590 (same title, issued December 13, 2005) following a Paragraph IV certification as part of Barr's filing of an amendment to its ANDA (adding additional dosage forms) to manufacture a generic version of Cephalon's Fentora® (fentanyl citrate buccal tablets, used to treat breakthrough pain in adult patients with cancer). View the complaint here.
Warner Chilcott Laboratories Ireland Ltd. et al. v. Actavis Elizabeth LLC et al.
2:09-cv-00469; filed January 30, 2009 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,958,161 ("Modified Release Coated Drug Preparation," issued October 25, 2005) following a Paragraph IV certification as part of Actavis Elizabeths' filing of an ANDA to manufacture a generic version of Warner Chilcott's Doryx® (modified release doxycycline hyclate, used for adjunctive treatment of severe acne). View the complaint here.
Eli Lilly & Co. v. Invagen Pharmaceuticals, Inc.
2:09-cv-00392; filed January 29, 2009 in the Eastern District of New York
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.
Boehringer Ingelheim International GmBH et al. v. Mylan Pharmeceuticals Inc. et al.
2:09-cv-00366; filed January 26, 2009 in the District Court of New Jersey
Infringement of U.S. Patent No. 4,886,812 ("Tetrahydro-Benzthiazoles, the Preparation Thereof and Their Use as Intermediate Products or as Pharmaceuticals," issued December 12, 1989) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Boehringer's Mirapex® (pramipexole dihydrochloride, used for the treatment of the signs and symptoms of idiopathic Parkinson's disease). View the complaint here.
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