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.
Par Pharmaceutical, Inc. v. Novartis Pharmaceuticals Corp. et al.
2:09-cv-01592; filed April 16, 2009 in the Eastern District of Pennsylvania
Declaratory judgment of invalidity and non-infringement of U.S. Patent Nos. 5,463,116 ("Crystals of N- (trans-4-isopropylcyclohexlycarbonyl)-D-phenylalanine and Methods for Preparing Them," issued October 31, 1995), 5,488,150 (same title, issued January 30, 1996), 6,559,188 ("Method of Treating Metabolic Disorders Especially Diabetes, or a Disease or Condition Associated with Diabetes," issued May 6, 2003), 6,641,841 ("Tablet Composition," issued November 4, 2003), 6,844,008 (same title, issued January 18, 2005), and 6,878,749 ("Method of Treating Metabolic Disorders, Especially Diabetes, or a Disease or Condition Associated with Diabetes," issued April 12, 2005) based on Par's filing of an ANDA to manufacture a generic version of Novartis' Starlix® (nateglinide, used to treat type 2 diabetes mellitus). View the complaint here.
Meda Pharmaceuticals Inc. v. Sun Pharmaceutical Industries Ltd.
1:09-cv-00241; filed April 9, 2008 in the District Court of Delaware
Infringement of U.S. Patent No. 5,164,194 ("Azelastine Containing Medicaments," issued November 17, 1992) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Meda's Optivar® (azelastine hydrochloride ophthalmic solution, used to treat seasonal allergic rhinitis). View the complaint here.
Hoffmann-La Roche Inc. v. Mylan Inc. et al.
2:09-cv-01692; filed April 8, 2009 in the District Court of Delaware
Infringement of U.S. Patent No. 5,472,949 ("N4-(Substituted-Oxycarbonyl)-5'-
Deoxy-5-Fluorocytidine Compounds, Compositions and Methods of Using Same," issued December 5, 1995) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Roche's Xeloda® (capecitabine, used to treat breast and colorectal cancer and Dukes' C Stage III colon cancer). View the complaint here.
AsymmetRx, Inc. et al. v. Dako Denmark A/S et al.
1:09-cv-10396; filed March 13, 2009 in the District Court of Massachusetts
Infringement of U.S. Patent Nos. 6,946,256 ("Cell Regulatory Genes, Encoded Products, and Uses Related Thereto," issued September 20, 2005) and 7,030,227 (same title, issued April 18, 2006) by selling products utilizing p63 antibodies in the U.S. View the complaint here.
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