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.
Monsanto Co. et al. v. Dart et al.
4:09-cv-00474; filed March 25, 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 defendants' use of soybean seed produced from earlier planted Roundup Ready® soybean seed. View the complaint here.
Cubist Pharmaceuticals Inc. v. Teva Parenteral Medicines Inc. et al.
1:09-cv-00189; filed March 23. 2009 in the District Court of Delaware
Infringement of U.S. Patent Nos. 6,468,967 ("Methods for Administration of Antibiotics," issued October 22, 2002), 6,852,689 (same title, issued February 8, 2009), and RE39,071 ("Anhydro-and Isomer-A-21978C Cyclic Peptides, issued April 18, 2006) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Cubist's Cubicin® (daptomycin for injection, used for the treatment of skin infections caused by certain Gram-positive microorganisms). View the complaint here.
Sepracor Inc. v. Teva Pharmaceuticals USA, Inc. et al.
2:09-cv-01302; filed March 20, 2009 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 6,864,257 ("Optically Active 5H-Pyrrolo[3,4-B] Pyrazine Derivative, Its Preparation and Pharmaceutical Compositions Containing It," issued March 8, 2005), 6,319,926 (same title, issued September 23, 2002), 6,444,673 (same title, issued November 20, 2001), and 7,381,724 (same title, issued June 3, 2008) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Sepracor's Lunesta® (eszopiclone, used to treat insomnia). View the complaint here.
OSI Pharmaceuticals Inc. et al. v. Mylan Pharmaceuticals Inc.
1:09-cv-00186; filed March 19, 2009 in the District Court of Delaware
OSI Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA Inc.
1:09-cv-00185; filed March 19, 2009 in the District Court of Delaware
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 5,747,498 ("Alkynyl and Azido-Substituted 4-Anilinoquinazoline," issued May 5, 1998), 6,900,221 ("Stable Polymorph on N-(3-Ethynylpheny1)-6, 7-Bis(2MethoxyEthoxy)-4-Quinazolinamine Hydrochloride, Methods of Production, and Pharmaceutical Uses Thereof," issued May 31, 2005), and 7,087,613 ("Treating Abnormal Cell Growth With A Stable Polymorph on N-(3-Ethynylpheny1)-6,7-Bis(2MethoxyEthoxy)-4-Quinazolinamine Hydrochloride," issued August 8, 2006) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of OSI's Tarceva® (erlotinib, used to treat non-small cell lung cancer and advanced pancreatic cancer). View the Mylan complaint here.
Research Foundation of State University of New York et al. v. Mylan Pharmaceuticals Inc.
1:09-cv-00184; filed March 19, 2009 in the District Court of Delaware
Infringement of U.S. Patent Nos. 7,232,572 ("Methods of Treating Rosacea," issued June 19, 2007), 7,211,267 ("Methods of Treating Acne" issued May 1, 2007), 5,789,395 ("Method of Using Tetracycline Compounds for Inhibition of Endogenous Nitric Oxide Production" issued Augst 4, 1998), and 5,919,775 ("Method for Inhibiting Expression of Inducible Nitric Oxide Synthase with Tetracycline," issued April 16, 1998), all either assigned or licensed to Galderma, following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Galderma's Oracea® (doxycyline delayed release capsules, used to treat inflammatory lesions of rosacea). View the complaint here.
Shire Canada Inc. et al. v. Mylan Inc. et al.
1:09-cv-02555; filed March 19, 2009 in the Southern District of New York
Infringement of U.S. Patent No. 5,968,976 ("Pharmaceutical Composition Containing Selected Lanthanum Carbonate Hydrates," issued October 19, 1999) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Shire's Fosrenol® (lanthanum carbonate chewable tablets, used for the reduction of serum phosphate in patients with end stage renal disease). View the complaint here.
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