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.
Takeda Pharmaceutical Co. et al. v. Sandoz, Inc.
1:09-cv-05210; filed June 3, 2009 in the Southern District of New York
Infringement of U.S. Patent Nos. 5,965,584 ("Pharmaceutical Composition," issued October 12, 1999), 6,329,404 (same title, issued December 11, 2001), 6,166,043 (same title, issued December 26, 2000), and 6,172,090 (same title, issued January 9, 2001) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Takeda's Actoplus MET® (pioglitazone hydrochloride and metformin, used to treat type II diabetes). View the complaint here.
BASF Plant Science GmbH et al. v. Pioneer Hi-Bred International Inc. et al.
1:09-cv-00392; filed June 1, 2009 in the District Court of Delaware
Infringement of U.S. Patent No. 5,750,866 ("AHAS Promoter Useful for Expression of Introduced Genes In Plants," issued May 12, 1998) based on Pioneer's impending sale of its Optimum® GAT® corn. Also, declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Patent Nos. 5,141,870 ("Nucleic Acid Fragment Encoding Herbicide Resistant Plant Acetolactate Synthase," issued August 25, 1992) and 5,605,011 (same title, issued February 25, 1997). View the complaint here.
Pioneer Hi-Bred International Inc. et al. v. BASF Corp. et al.
1:09-cv-00393; filed June 1, 2009 in the District Court of Delaware
Infringement of U.S. Patent Nos. 5,013,659 ("Nucleic Acid Fragment Encoding Herbicide Resistant Plant Acetolactate Synthase," issued May 7, 1991), 5,141,870 (same title, issued August 25, 1992), 5,378,824 (same title, issued January 3, 1995), and 5,605,011 (same title, issued February 25, 1997). Also, declaratory judgment of non-infringement and invalidity of U.S. Patent Nos. 5,750,866 ("AHAS Promoter Useful for Expression of Introduced Genes In Plants," issued May 12, 1998) and 6,025,541 ("Method of Using as a Selectable Marker a Nucleic Acid Containing AHAS Promoter Useful for Expression of Introduced Genes in Plants," issued February 15, 2000). View the complaint here.
Human Genome Sciences Inc. v. Immunex Corp. et al.
1:09-cv-00389; filed May 29, 2009 in the District Court of Delaware
Review of the decision of the Board of Patent Appeals and Interferences awarding priority of invention to Immunex (now Amgen) in the interference between U.S. Patent No. 6,569,642 ("Receptor That Binds TRAIL," issued May 27, 2003), assigned to Immunex and U.S. Patent Application No. 09/042,583 ("Death Domain Containing Receptor 5," filed March 17, 1998), assigned to Human Genome Sciences. View the complaint here.
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