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.
Bone Care International LLC et al. v. Eagle Pharmaceuticals Inc.
1:09-cv-00285; filed April 23, 2009 in the District Court of Delaware
Infringement of U.S. Patent No. 5,602,116 ("Method for Treating and Preventing Secondary Hyperparathyroidism," issued February 11, 1997) following a Paragraph IV certification as part of Eagle's filing of an ANDA to manufacture a generic version of plaintiffs' Hectorol® (doxercalciferol, used to treat secondary hyperparathyroidism in patients with chronic kidney disease). View the complaint here.
Pronova BioPharma Norge AS v. Teva Pharamceuticals USA, Inc. et al.
1:09-cv-00286; filed April 23, 2009 in the District Court of Delaware
Infringement of U.S. Patent Nos. 5,502,077 ("Fatty Acid Composition," issued March 26, 1996) and 5,656,667 (same title, issued August 12, 1997) following a Paragraph IV certification as part of Eagle's filing of an ANDA to manufacture a generic version of Pronova's Lovaza® (omega-3-acid ethyl esters, used to reduce triglyceride levels in adult patients with very high triglyceride levels). View the complaint here.
Eli Lilly and Company et al. v. Barr Laboratories Inc.
1:09-cv-00272; filed April 22, 2009 in the District Court of Delaware
Infringement of U.S. Patent No. 5,344,932 ("N-(pyrrolo(2,3-d)pyrimidin-3-ylacyl)-Glutamic Acid Derivatives," issued September 6, 1994), licensed to Eli Lilly, following a Paragraph IV certification as part of Barr's filing of an ANDA to manufacture a generic version of Lilly's Alimta® (pemetrexed for injection, used to treat malignant pleural mesothelioma and locally advanced or metastatic non-small cell lung cancer). View the complaint here.
Sepracor Inc. v. Alphapharm Pty. Ltd et al.
1:09-cv-03987; filed April 22, 2009 in the Southern District of New York
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 Alphapharm's filing of an ANDA to manufacture a generic version of Sepracor's Lunesta® (eszopiclone, used to treat insomnia). View the complaint here.
Pfizer, Inc. et al. v. Teva Pharmaceuticals USA, Inc. et al.
1:09-cv-03965; filed April 21, 2009 in the Southern District of New York
Infringement of U.S. Patent No. 5,601,843 ("Pharmaceutical Tablet Composition," issued February 11, 1997) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Pfizer's Arthrotech® (diclofenac sodium/misoprostol, used for treatment of the signs and symptoms of osteoarthritis or rheumatoid arthritis in patients at high risk of developing NSAID-induced gastric and duodenal ulcers and their complications). View the complaint here.
Reckitt Benckiser Inc. v. Watson Laboratories, Inc. - Florida et al.
1:09-cv-03933; filed April 20, 2009 in the Southern District of New York
Infringement of U.S. Patent Nos. 6,372,252 ("Guaifenesin Sustained Release Formulation and Tablets," issued April 16, 2002) and 6,955,821 ("Sustained Release Formulations of Guaifenesin and Additional Drug Ingredients," issued October 18, 2005) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of plaintiff's Mucinex® and Mucinex® DM (guaifenesin, and guaifenesin/dextromethorphan, respectively, used to treat chest congestion). View the complaint here.
OptiGen, LLC v. Texas A&M University System et al.
5:09-cv-00457; filed April 17, 2009 in the Northern District of New York
Infringement of U.S. Patent Nos. 7,285,388 ("Methods for Identification of Alport Syndrome," issued October 23, 2007), 6,210,897 ("Identification of Canine Leukocyte Adhesion Deficiency In Dogs," issued April 3, 2001), 6,201,114 ("Identification of Congenital Stationary Night Blindness In Dogs," issued March 13, 2001), and 6,428,958 (same title, issued August 6, 2002), all licensed to OptiGen, based on defendants' sale of its Pawsitive I.D. kit to test for Progressive Rod-Cone Disease in dogs. View the complaint here.
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