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.
King Pharmaceuticals Inc. et al. v. Sandoz Inc.
2:09-cv-03587; filed July 21, 2009 in the District Court of New Jersey
• Defendant: Sandoz Inc.
Infringement of U.S. Patent No. 6,066,339 ("Oral Morphine Particulate Formulation," issued May 23, 2000) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of King's Avinza® (morphine sulfate extended release capsules, used for the once-daily treatment of moderate-to-severe chronic pain). View the complaint here.
Taro Pharmaceuticals North America, Inc. et al. v. Synerx Pharma, LLC et al.
2:09-cv-03569; filed July 20, 2009 in the District Court of New Jersey
• Defendants: Synerx Pharma, LLC; Karalex Pharma, LLC; DPT Laboratories, Ltd.
Infringement of U.S. Patent No. 7,560,445 ("Process for Preparing Malathion for Pharmaceutical Use," issued July 14, 2009) based on defendants' manufacture and sale of a generic version of Taro's Ovide® (malathion lotion, used to treat head lice). View the complaint here.
Pioneer Hi-Bred International, Inc. v. Nelson et al.
1:09-cv-01246; filed July 17, 2009 in the Central District of Illinois
• Defendants: Ivan L Nelson; Thomas M Nelson
Infringement of U.S. Patent Nos. 7,034,211 ("Soybean Variety XB34D04," issued April 25, 2006) and 7,169,979 ("Soybean Variety XB35C06," issued January 30, 2007) based on defendants' use of cleaned and saved soybean seed from earlier purchased soybean seed. View the complaint here.
Bone Care International LLC et al. v. Sandoz Inc.
1:09-cv-00524; filed July 16, 2009 in the District Court of Delaware
• Defendant: Sandoz Inc.
Infringement of U.S. Patent No. 5,602,116 ("Method for Treating and Preventing Secondary Hyperparathyroidism," issued February 11, 1997) following Sandoz'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.
Alcon Research Ltd. v. Barr Laboratories Inc.
1:09-cv-00512; filed July 14, 2009 in the District Court of Delaware
Infringement of U.S. Patent Nos. 5,510,383 ("Use of Cloprostenol, Fluprostenol and Their Salts and Esters to Treat Glaucoma and Ocular Hypertension," issued April 23, 1996), 5,889,052 ("Use of Cloprostenol and Fluprostenol Analogues to Treat Glaucoma and Ocular Hypertension," issued March 30, 1999), 6,503,497 ("Use of Borate-Polyol Complexes in Ophthalmic Compositions," issued January 7, 2003), and 6,849,253 (same title, issued February 1, 2005) following a Paragraph IV certification as part of Barr's filing of an ANDA to manufacture a generic version of Alcon's Travatan Z® (travoprost ophthalmic solution, used to reduce elevated intraocular pressure in patients with open-angle glaucoma or ocular hypertention). View the complaint here.
Allergan Inc. et al. v. Watson Pharmaceuticals Inc. et al.
1:09-cv-00511; filed July 13, 2009 in the District Court of Delaware
• Defendants: Watson Pharmaceuticals Inc.; Watson Laboratories Inc. – Florida; Watson Pharma, Inc.
Infringement of U.S. Patent No. 7,410,978 ("Once Daily Dosage Forms of Trospium," issued August 12, 2008) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Allergan's Sanctura XR® (trospium, used to treat overactive bladder). View the complaint here.
AlphaVax, Inc. v. Novartis Vaccines and Diagnostics, Inc.
1:09-cv-11176; filed July 10, 2009 in the District Court of Massachusetts
Review of the decision of the Board of Patent Appeals and Interferences awarding priority of invention to Novartis in the interference between U.S. Patent Application No. 10/683,781 ("Alphavirus RNA Replicon Systems," filed October 10, 2003), assigned to AlphaVax and U.S. Patent No. 6,015,694 ("Method for Stimulating an Immune Response Utilizing Recombinant Alphavirus Particles," issued January 18, 2000), assigned to Novartis. View the complaint here.
River's Edge Pharmaceuticals, LLC v. Brookstone Pharmaceuticals, LLC et al.
0:09-cv-01777; filed July 10, 2009 in the District Court of Minnesota
• Defendants: Brookstone Pharmaceuticals, LLC; JR Nutraceuticals, Inc.
Infringement of U.S. Patent No. 6,979,468 ("Oral Composition and Method for the Treatment of Inflammatory Cutaneous Disorders," issued December 27, 2005) based on defendants' manufacture and sale of its Nicotinamide Zinc Oxide, Cupric Oxide, Folic Acid Tablets product, comparable to plaintiff's Nicotinamide ZCF (immediate release form of nicotinamide in combination with a sustained release form of zinc, used to treat inflammatory skin conditions such as acne rosacea and acne vulgaris). View the complaint here.
Eurand, Inc. et al. v. Anchen Pharmaceuticals, Inc. et al.
2:09-cv-04931; filed July 9, 2009 in the Central District of California
• Defendants: Anchen Pharmaceuticals, Inc.; Anchen, Inc.
Infringement of U.S. Patent No. 7,387,793 ("Modified Release Dosage Forms of Skeletal Muscle Relaxants," issued July 17, 2008), licensed to Cephalon, following a Paragraph IV certification as part of Anchen's filing of an ANDA to manufacture a generic version of Cephalon's Amrix® (cyclobenzaprine hydrochloride, used for relief of muscle spasm associated with acute, painful musculoskeletal conditions). View the complaint here.
Novartis Vaccines and Diagnostics, Inc. v. Doll
1:09-cv-01201; filed June 30, 2009 in the District Court of the District of Columbia
Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 7,470,709 ("Benzimidazole Quinolinones and Uses Thereof," issued December 30, 2008). View the complaint here.
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