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.
Sepracor Inc. et al. v. Synthon Pharmaceuticals, Inc. et al.
5:09-cv-00264; filed June 17, 2009 in the Eastern District of North Carolina
Infringement of U.S. Patent No. 5,698,558 ("Methods for Treating Allergic Disorders Using Optically Pure (-)Cetirizine," issued December 16, 1997), licensed to UCB, following a Paragraph IV certification as part of Synthon's filing of an ANDA to manufacture a generic version of UCB's XYZAL® (levocetirizine dihydrochloride, used to treat seasonal and perennial allergic rhinitis). View the complaint here.
Pfizer Inc. et al. v. Mylan Inc. et al.
1:09-cv-00441; filed June 15, 2009 in the District Court of Delaware
Pfizer Inc. et al. v. Mylan Inc. et al.
1:09-cv-00079; filed June 15, 2009 in the Northern District of West Virginia
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 5,969,156 ("Crystalline [R- (R*,R*)]-2-(4-Dfluorophenyl)-β,δ-dihydroxy-5-(1-methylethyl)- 3-phenyl-4-[(phenylamino)carbonyl]-1H-pyrrole-1-heptanoic acid hemi calcium salt (atorvastatin)," issued October 19, 1999), 6,087,511 ("Process for the production of amorphous [R-(R*,R*)]-2-(4-fluorophenyl)- β,δ -dihydroxy-5-(1-methylethyl )-3-phenyl-4-[(phenylamino)carbonyl]-1H-pyrrole-1-heptanoic acid) calcium salt (2:1)," issued July 11, 2000), and 6,274,740 (same title, issued August 14, 2001) based on Mylan's filing of an ANDA to manufacture a generic version of Pfizer's Lipitor® (atorvastatin calcium, used to treat high cholesterol and heart disease). View the Delaware complaint here.
Public Patent Foundation, Inc. v. McNeil-PPC, Inc.
1:09-cv-05471; filed June 15, 2009 in the Southern District of New York
False marking based on McNeil's marking of certain Tylenol® products indicating that these products are covered by certain of U.S. Patent Nos. 4,820,522 ("Oral Sustained Release Acetominophen Formulation and Process," issued April 11, 1989), 4,968,509 (same title, issued November 6, 1990), 5,004,613 (same title, issued April 2, 1991), 5,658,589 ("Subcoated Simulated Capsule-Like Medicament," issued August 19, 1997), 5,436,026 ("Discharge and Transfer System for Apparatus for Gelatin Coating Tablets," issued July 25, 1995), 5,228,916 ("Apparatus for Creating a Gelatin Coating," issued July 20, 1993), and 5,679,406 ("Tablet Dipping Systems for Apparatus for Gelatin Coating Tablets," issued October 21, 1997), some of which are expired. View the complaint here.
Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. Sandoz, Inc.
2:09-cv-02863; filed June 4, 2009 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,214,815 ("Triphasic Oral Contraceptive," issued April 10, 2001) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Ortho-McNeil's Ortho Tri-Cyclen Lo® (norgestimate and ethinyl estradiol, used for oral contraception). View the complaint here.
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