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.
Sanofi-Aventis U.S. LLC et al. v. Ebewe Pharma Ges.M.B.H. NFG.KG
3:09-cv-01116; filed March 11, 2009 in the District Court of New Jersey
Infringement of U.S. Patent No. 5,338,874 ("Cis oxalato (trans 1-1,2-cyclohexanediamine) PT(II) Having Optically High Purity," issued August 16, 1994) following a Paragraph IV certification as part of defendants' supplementation of its ANDA to manufacture a generic version of plaintiffs' Eloxatin® (oxaliplatin for injection, used to treat colorectal cancer). View the complaint here.
Abbott Laboratories et al. v. Lupin Ltd. et al.
1:09-cv-00152; filed March 6, 2009 in the District Court of Delaware
Abbott Laboratories et al. v Lupin Ltd. et al.
1:09-cv-00564; filed March 6, 2009 in the District Court of Maryland
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 6,129,930 ("Methods and Sustained Release Nicotinic Acid Compositions for Treating Hyperlipidemia at Night," issued October 10, 2000), 6,406,715 ("Intermediate Release Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique Urinary Metabolite Profiles," issued June 18, 2002), 6,676,967 ("Methods for Reducing Flushing in Individuals Being Treated with Nicotinic Acid for Hyperlipidemia," issued January 13, 2004), 6,746,691 ("Intermediate Release Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique Biopharmaceutical Characteristics," issued June 8, 2004), 7,011,848 ("Hydrophobic Component Free Sustained Release Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued March 14, 2006), 6,818,229 ("Intermediate Release Nicotinic Acid Compositions for Treating Hyperlipidemia," issued November 16, 2004), and 6,080,428 ("Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued June 27, 2000) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Abbott's Niaspan® (niacin extended-release tablets, used to treat hypercholesterolemia). View the Delaware complaint here.
Genzyme Corp. v. Lupin Ltd. et al.
1:09-cv-00563; filed March 6, 2009 in the District Court of Maryland
Infringement of U.S. Patent Nos. 5,496,545 ("Phosphate-Binding Polymers for Oral Administration," issued March 5, 1996), 5,667,775 ("Phosphate-Binding Polymers for Oral Administration," issued on September 16, 1997), 6,509,013 ("Method of Making Phosphate-Binding Polymers for Oral Administration," issued January 21, 2003), and 7,014,846 ("Phosphate-Binding Polymers For Oral Administration," issued on March 21, 2006) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Genzyme's Renagel® (sevelamer hydrochloride, used for the control of serum phosphorus in patients with chronic kidney disease on dialysis). View the complaint here. [NB: As reported previously in Court Report, Genzyme recently filed a comparable suit against Lupin in the District Court of Delaware.]
Abbott Laboratories et al. v. Lupin Ltd. et al.
2:09-cv-01007; filed March 6, 2009 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 6,277,405 ("Fenofibrate Pharmaceutical Composition Having High Bioavailability and Method for Preparing It," issued August 21, 2001), 7,037,529 (same title, issued May 2, 2006), and 7,041,319 ("Fenofibrate Pharmaceutical Composition Having High Bioavailabilty," issued May 9, 2006) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Abbott's Tricor® (fenofibrate, used in the treatment of increased triglyceride levels). View the complaint here.
Elan Pharma International Ltd. et al. v. Lupin Ltd. et al.
2:09-cv-01008; filed March 6, 2009 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 7,276,249 ("Nanoparticulate Fibrate Formulations," issued October 2, 2007), and 7,320,802 ("Methods of Treatment Using Nanoparticulate Fenofibrate Compositions," issued January 22, 2008), all licensed to Abbott, following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Abbott's Tricor® (fenofibrate, used in the treatment of increased triglyceride levels). View the complaint here.
Procter & Gamble Co. et al. v. Apotex Inc. et al.
1:09-cv-00281; filed March 5, 2009 in the Southern District of Indiana
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 Apotex'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 complaint here. [NB: As reported previously in Court Report, P&G recently filed a comparable suit against Apotex in the District Court of Delaware.]
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