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.
A.F. of L. - A.G.C. Building Trades Plan v. Merck & Co. et al.
3:09-cv-04202; filed August 14, 2009 in the
District Court of New Jersey
• Plaintiff: A.F. of L. - A.G.C. Building Trades
Plan on behalf of itself and all others
similarly situated
• Defendants: Merck & Co., Inc.; Merck Sharp
& Dohme Pharmaceuticals SRL
Antitrust action for monopolization of the market
for montelukast sodium products (Merck's Singulair® product, used to treat
asthma and allergies), including Merck's alleged fraudulent procurement of U.S.
Patent No. 5,565,473 ("Unsaturated Hydroxyalkylquinoline Acids as
Leukotriene Antagonists," issued October 15, 1996), improper listing of
the '473 patent in the FDA's Orange Book, and filing of infringement litigation
to enforce the fraudulently obtained '473 patent. View the complaint here.
SmithKline Beecham Corp. v. Glenmark Generics Inc. USA
1:09-cv-00608; filed August 14, 2009 in the
District Court of Delaware
Infringement of U.S. Patent Nos. 5,998,449 ("Combination
of Atovaquone with Proguanil for the Treatment of Protozoal Infections,"
issued December 7, 1999), 6,166,046 (same title, issued December 26, 2000), and
6,291,488 ("Preventing Protozoal Infections," issued September 18,
2001) following a Paragraph IV certification as part of Glenmark's filing of an
ANDA to manufacture a generic version of GSK's Malarone® (atovaquone and
proguanil hydrochloride, used to prevent or treat malaria). View the complaint here.
Nycomed GmbH et al. v. Apotex Inc. et al.
1:09-cv-04999; filed August 14, 2009 in the
Northern District of Illinois
• Plaintiffs: Nycomed GmbH; Wyeth
• Defendants: Apotex Inc.; Apotex Corp.
Infringement of U.S. Patent No. 4,758,579 ("Fluoroalkoxy
Substituted Benzimidazoles Useful as Gastric Acid Secretion Inhibitors,"
issued July 19, 1988), licensed to Wyeth, following a Paragraph IV
certification as part of Apotex's filing of an ANDA to manufacture a generic
version of Wyeth's PROTONIX® (pantoprazole sodium, used to treat
gastroesophageal reflux disease). View the complaint here.
Bayer Healthcare, LLC v. Centocor Ortho Biotech Inc.
4:09-cv-11362; filed August 14, 2009 in the
District Court of Massachusetts
Infringement of U.S. Patent No. 5,654,407 ("Human
Anti-TNF Antibodies," issued August 5, 1997) based on Centocor's
manufacture and sale of it's Simponi product (golimumab, used to treat
rheumatoid arthritis, psoriatic arthritis, and ankylosing spondylitis). View the complaint here.
Boehringer Ingelheim Pharma GmbH
& CO. KG et al. v. Kappos
1:09-cv-01542; filed August 14, 2009 in the
District Court of the District of Columbia
• Plaintiffs: Boehringer Ingelheim Pharma GmbH
& CO. KG; Boehringer Ingelheim International GmbH; Boehringer Ingelheim
Pharmaceuticals, Inc.
• Defendant: David Kappos
Review and correction of the patent term adjustment
calculation made by the U.S. Patent and Trademark Office for U.S. Patent No.
7,491,824 ("Method for Preparing Tiotropium Salts," issued February
17, 2009). View the complaint here.
Life Technologies Corp. v. Bio-Rad Laboratories Inc.
1:09-cv-00606; filed August 13, 2009 in the
District Court of Delaware
Infringement of U.S. Patent Nos. 6,703,484 ("Methods
for Production of Proteins," issued March 9, 2004), 7,223,566 (same title,
issued May 29, 2007), 7,259,242 (same title, issued August 21, 2007), and
7,265,206 (same title, issued September 4, 2007) based on Bio-Rad's manufacture
and sale of protein standard products including Precision Plus Protein Dual
Color Standards, Precision Plus Protein Kaleidoscope Standards, Precision Plus
Protein WesternC Standards, Precision Plus Protein All Blue Standards,
Precision Plus Protein Unstained Standards, and Precision Plus Protein Standard
Plug. View the complaint here.
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