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.
Max-Planck-Gesellschaft zur Frderung der Wissenschaften e.V. v. Wolf Greenfield & Sacks, P.C.
1:09-cv-11168; filed July 9, 2009 in the District Court of Massachusetts
Various claims, including legal malpractice and breach of fiduciary duty, for a conflict of interest in prosecuting "Tuschl I" inventions related to RNAi. Removed from state court; view the original complaint (filed June 26, 2009) here.
Takeda Pharmaceutical Co. et al. v. Torrent Pharmaceuticals Ltd. et al.
1:09-cv-00499; filed July 8, 2009 in the District Court of Delaware
• Plaintiffs: Takeda Pharmaceutical Co. Ltd.; Takeda Pharmaceuticals North America Inc.
• Defendants: Torrent Pharmaceuticals Ltd.; Torrent Pharma Inc.
Takeda Pharmaceutical Co. et al. v. Torrent Pharmaceuticals Ltd. et al.
1:09-cv-06051; filed July 2, 2009 in the Southern District of New York
• Plaintiffs: Takeda Pharmaceutical Company Limited; Takeda Pharmaceuticals North America, Inc.
• Defendants: Torrent Pharmaceuticals Limited; Torrent Pharma Inc.
The complaints in these cases are substantially identical. 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), 6,172,090 (same title, issued January 9, 2001), 6,211,205 (same title, issued April 3, 2001), 6,271,243 (same title, issued August 7, 2001), and 6,303,640 (same title, issued October 16, 2001) following a Paragraph IV certification as part of Torrent's filing of an ANDA to manufacture a generic version of Takeda's Actos® (pioglitazone hydrochloride, used to treat type II diabetes). View the Delaware complaint here.
Eurand Inc. et al. v. Anchen Pharmaceuticals Inc. et al.
1:09-cv-00492; filed July 7, 2009 in the District Court of Delaware
• Plaintiffs: Eurand Inc.; Cephalon Inc.; Anesta AG
• 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.
Apotex Inc v. Glaxo Wellcome Inc. et al.
1:09-cv-00485; filed July 6, 2009 in the Middle District of North Carolina
• Plaintiff: Apotex Inc.
• Defendants: Glaxo Wellcome Inc.; Smithkline Beecham Corp. d/b/a GlaxoSmithKline
Declaratory judgment of non-infringement of U.S. Patent Nos. 5,879,706 ("Valaciclovir Tablets Containing Colloidal Silicon Dioxide," issued March 9, 1999) and 6,107,302 ("Guanine Derivative," issued August 22, 2000) in conjunction with Apotex's filing of an ANDA to manufacture a generic version of GSK's Valtrex® (valacyclovir, used to treat herpes infections). View the complaint here.
Research Foundation of State University of New York et al. v. Lupin Ltd. et al.
1:09-cv-00483; filed July 2, 2009 in the District Court of Delaware
• Plaintiffs: Research Foundation of State University of New York; New York University; Galderma Laboratories Inc.; Galderma Laboratories LP
• Defendants: Lupin Ltd.; Lupin Pharmaceuticals Inc.
Infringement of U.S. Patent Nos. 7,232,572 ("Methods of Treating Rosacea," issued June 19, 2007), 7,211,267 ("Methods of Treating Acne" issued May 1, 2007), 5,789,395 ("Method of Using Tetracycline Compounds for Inhibition of Endogenous Nitric Oxide Production" issued August 4, 1998), and 5,919,775 ("Method for Inhibiting Expression of Inducible Nitric Oxide Synthase with Tetracycline," issued April 16, 1998), all either assigned or licensed to Galderma, following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Galderma's Oracea® (doxycyline delayed release capsules, used to treat inflammatory lesions of rosacea). View the complaint here.
Genzyme Corp. v. Sandoz, Inc.
1:09-cv-01750; filed July 2, 2009 in the District Court of Maryland
Infringement of U.S. Patent No. 5,667,775 ("Phosphate-Binding Polymers for Oral Administration," issued on September 16, 1997) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Genzyme's Renagel® (sevelamer hydrochloride, used for the control of serum phosphorus in patients with chronic kidney disease on dialysis). View the complaint here.
Wyeth v. Orgenus Pharma Inc. et al.
3:09-cv-03235; filed July 2, 2009 in the District Court of New Jersey
• Plaintiff: Wyeth
• Defendants: Orgenus Pharma Inc.; Orchid Chemicals & Pharmaceuticals Ltd.
Infringement of U.S. Patent Nos. 6,274,171 ("Extended release formulation of venlafaxine hydrochloride," issued August 14, 2001), 6,403,120 (same title, issued June 11, 2002), and 6,419,958 (same title, issued July 16, 2002) following a Paragraph IV certification as part of Orgenus' filing of an ANDA to manufacture a generic version of Wyeth's EFFEXOR XR® (venlafaxine hydrochloride, extended release, used to treat depression). View the complaint here.
Endo Pharmaceuticals Inc. et al. v. Barr Laboratories, Inc.
2:09-cv-03224; filed July 2, 2009 in the District Court of New Jersey
• Plaintiffs: Endo Pharmaceuticals Inc.; Penwest Pharmaceuticals Co.
• Defendant: Barr Laboratories, Inc.
Infringement of U.S. Patent Nos. 5,662,933 ("Controlled Release Formulation (Albuterol)," issued September 2, 1997) and 5,958,456 (same title, issued September 28, 1999) following a Paragraph IV certification as part of Barr's filing of an ANDA to manufacture a generic version of Endo's Opana® ER (oxymorphone hydrochloride, used to treat moderate to severe pain in patients requiring continuous, around-the-clock opioid treatment for an extended period of time). View the complaint here.
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