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.
Genzyme Corp. v. Lupin Ltd. et al.
1:09-cv-01258; filed May 14, 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 (same title, issued on September 16, 1997), 6,509,013 ("Method of Making Phosphate-Binding Polymers for Oral Administration," issued January 21, 2003), 6,858,203 (same title, issued February 22, 2009), 7,014,846 ("Phosphate-Binding Polymers For Oral Administration," issued on March 21, 2006), and 7,459,151 (same title, issued December 2, 2008) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Genzyme's Renvela® (sevelamer carbonate, used for the control of serum phosphorus in patients with chronic kidney disease on dialysis). View the complaint here.
Association for Molecular Pathology et al. v. United States Patent and Trademark Office et al.
1:09-cv-04515; filed May 12, 2009 in the Southern District of New York
Declaratory judgment of invalidity and/or unenforceability of certain claims of U.S. Patent Nos. 5,747,282 ("17Q-Linked Breast and Ovarian Cancer Susceptibility Gene," issued May 5, 1998), 5,837,492 ("Chromosome 13-Linked Breast Cancer Susceptibility Gene," issued November 17, 1998), 5,693,473 ("Linked Breast and Ovarian Cancer Susceptibility Gene," issued December 2, 1997), 5,709,999 (same title, issued January 20, 1998), 5,710,001 ("17Q-Linked Breast and Ovarian Cancer Susceptibility Gene," issued January 20, 1998), 5,753,441 ("170-Linked Breast and Ovarian Cancer Susceptibility Gene," issued May 19, 1998), and 6,033,857 ("Chromosome 13-Linked Breast Cancer Susceptibility Gene," issued March 7, 2000) on the basis that the claims are invalid under 35 U.S.C. § 101 and are in violation of the First Amendment and Article I, section 8, clause 8 of the United States Constitution. View the compliant here.
Reckitt Benckiser Inc. v. Watson Laboratories, Inc. Florida et al.
1:09-cv-04455; filed May 8, 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® D (guaifenesin/pseudoephedrine hydrochloride, respectively, used to treat chest congestion). View the complaint here.
Allergan Inc. v. Barr Laboratories Inc.
1:09-cv-00333; filed May 7, 2009 in the District Court of Delaware
Infringement of U.S. Patent Nos. 5,688,819 ("Cyclopentane Heptanoic Acid, 2-Cycloalkyl or Arylalkyl Derivatives as Therapeutic Agents," issued November 18, 1997) and 6,403,649 ("Non-acidic Cyclopentane Heptanoic Acid, 2-Cycloalkyl or Arylalkyl Derivatives as Therapeutic Agents," issued June 11, 2002) following a Paragraph IV certification as part of Barr's filing of an ANDA to manufacture a generic version of Allergan's Lumigan® (0.03% bimatoprost ophthalmic solution, used to treat lower intraocular eye pressure in people with open-angle glaucoma or ocular hypertension). View the complaint here.
Public Patent Foundation, Inc v. Iovate Health Science Research Inc. et al.
1:09-cv-04361; filed May 6, 2009 in the Southern District of New York
False marking based on Iovate's marking of its Xenadrine® and Hyroxycut® products indicating that these products are covered by certain of U.S. Patent Nos. 6,814,986 ("Composition for Treating Obesity and Esthetic Treatment Process," issued November 9, 2004), 6,830,765 ("Green Tea Extract for Treating Obesity," issued December 14,2004), 4,923,855 ("Synthetic GTF Chromium Material and Process Therefor," issued May 8, 1990), 4,954,492 ("Synthetic GTF Chromium Material for Decreasing Blood Lipid Levels and Process Therefor," issued September 4, 1990), and 6,395,296 ("Soluble Double Metal Salt of Group IA and IIA of Hydroxycitric Acid, Process of Preparing the Same and its Use in Beverages and Other Food Products Without Effecting Their Flavor and Properties," issued May 28, 2002), two of which are expired. View the complaint here.
Illumina, Inc. v. Affymetrix, Inc.
3:09-cv-00277; filed May 4, 2009 in the Western District of Wisconsin
Infringement of U.S. Patent No. 7,510,841 ("Methods of Making and Using Composite Arrays for the Detection of a Plurality of Target Analytes," issued March 31, 2009) based on based on Affymetix's manufacture and sale of certain products, including its GeneChip® HT RG-230 PM Array Plate, GeneChip® HT Array Plate Scanner, GeneChip® HT 3' IVT Express Kit, GeneChip® Array Station, and GeneTitan® Instrument. View the complaint here.
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