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.
Wyeth v. Intervet Inc. et al.
1:09-cv-00780; filed October 20, 2009 in the
District Court of Delaware
• Plaintiff: Wyeth
• Defendants: Intervet Inc. d/b/a
Intervet/Schering-Plough Animal Health; Boehringer Ingelheim Vetmedica
Inc.
Infringement of U.S. Patent No. 7,604,808 ("Circovirus
Sequences Associated with Piglet Weight Loss Disease," issued October 20,
2009) based on defendants' manufacture and sale of their Circumvent® PCV,
Porcilis® PCV, and CircoFLEX® vaccines (porcine circovirus vaccines). View the complaint here.
Purdue Pharma L.P. et al. v. Ranbaxy Inc. et al.
1:09-cv-08878; filed October 20, 2009 in the
Southern District of New York
• Plaintiffs: Purdue Pharma L.P.; P.F.
Laboratories, Inc.; Purdue Pharmaceuticals L.P.
• Defendants: Ranbaxy Inc.; Ranbaxy Pharmaceuticals
Inc.; Ranbaxy Laboratories Ltd.
Infringement of U.S. Patent No. 5,508,042 ("Controlled
Release Oxycodone Compositions," issued April 16, 1996) following a Paragraph IV certification as part of Ranbaxy's filing of an ANDA to manufacture
a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone
hydrochloride, used to treat pain). View the complaint here.
Gen-Probe Inc. v. Becton Dickinson & Co.
3:09-cv-02319; filed October 19, 2009 in the Southern
District of California
Infringement of U.S. Patent Nos. 7,560,256 ("Automated
Process for Detecting the Presence of a Target Nucleic Acid in a Sample,"
issued July 14, 2009), 7,560,255 (same title, issued July 14, 2009), 7,524,652
(same title, issued April 28, 2009), 7,482,153 (same title, issued January 27,
2009), 7,118,892 ("Automated Process for Preparing and Amplifying a Target
Nucleic Acid Sequence," issued October 10, 2006), 5,612,200 ("Method
and Kit for Destroying Ability of Nucleic Acid to be Amplified," issued
March 18, 1997), 7,294,308 ("Penetrable Cap," issued November 13,
2007), and 6,893,612 (same title, issued May 17, 2005) based on BD's
manufacture and sale of its "Viper" and "Viper with XTR
Technology" nucleic acid testing systems and companion nucleic acid
diagnostic assays and its ProbeTec Female Endocervical and Male Urethral
Specimen Collection Kits for Amplified Chlamydia tracomatis/Neisseria
gonorrhoeae (CT/GC) DNA Assays. View the complaint here.
Centre National De La Recherche Scientifique v. Kappos
1:09-cv-01969; filed October 19, 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.
7,521,212 ("Method for Producing Oligopolysaccharides," issued April
21, 2009). View the complaint here.
Bayer Healthcare LLC et al. v. Wedgewood Village Pharmacy, Inc.
1:09-cv-05345; filed October 19, 2009 in the
District court of New Jersey
• Plaintiffs: Bayer Healthcare LLC; University of
Kentucky Research Foundation; New Ace Research Co.
• Defendant: Wedgewood Village Pharmacy, Inc.
Infringement of U.S. Patent No. 5,883,095 ("Formulations
and Method to Treat and
Prevent Equine Protozoal Myeloencephalitis," issued March 16, 1999) based
on Wedgewood's manufacture and sale of its Toltrazuril product (triazine-based
anti-coccidial, used to treat and prevent equine protozoan myeloncephalitis in
horses). View the complaint here.
Sandoz Inc. v. Pfizer, Inc. et al.
1:09-cv-02457; filed October 16, 2009 in the
District Court of Colorado
• Plaintiff: Sandoz Inc.
• Defendants: Pfizer, Inc.; Pfizer Ireland
Pharmaceuticals; C.P. Pharmaceuticals International C.V.; Warner-Lambert
Co.; Warner-Lambert Co. LLC
Declaratory judgment of invalidity and
non-infringement of U.S. Patent Nos. 6,126,971 ("Stable Oral CI-981 Formulation
and Process for Preparing Same," issued October 3, 2000), 5,969,156 ("Crystalline
[r- (R*,R*)]-2-(4-DFluorophenyl)-b,δ-Dihydroxy-5-(1-Methylethyl)-3-Phenyl-4-[(Phenylamino)Corbonyl]-1HPyrrole-1Heptanoic
Acid Hemi Calcium Salt (Atorvastatin)," issued October 19, 1999), and
5,686,104 ("Stable Oral CI-981 Formulation and Process of Preparing Same,"
issued November 11, 1997) based on Sandoz's filing of an ANDA to manufacture a
generic version of Pfizer's Caduet® (atorvastatin calcium -- the active
ingredient in Lipitor® -- and amlodipine besylate -- the active ingredient in
Norvasc® -- used to treat high cholesterol in combination with treating
hypertension, angina, and/or coronary artery disease). View the complaint here.
Rockefeller University v. Kappos
1:09-cv-01959; filed October 16, 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.
7,521,258 ("Methods of Detecting, Measuring, and Evaluating Modulators of
Body Weight in Biological Samples, and Diagnostic, Monitoring, and Therapeutic
Uses Thereof," issued April 21, 2009). View the complaint here. [NB: This case was stayed upon plaintiff's consent pending
final disposition of the appeal of the decision in Wyeth v. Dudas, 580 F. Supp. 2d 138 (D.D.C. 2008), which is now
pending before the U.S. Court of Appeals for the Federal Circuit, No.
2009-1120.]
Hoffmann-La Roche Inc. v. Teva Pharmaceuticals USA, Inc. et al.
2:09-cv-05283; filed October 16, 2009 in the District
Court of New Jersey
• Plaintiff: Hoffmann-La Roche Inc.
• Defendants: Teva Pharmaceuticals USA, Inc.; Teva
Pharmaceutical Industries Ltd.
Infringement of U.S. Patent No. 5,472,949 ("N4-(Substituted-Oxycarbonyl)-5'-Deoxy-5-Fluorocytidine Compounds, Compositions and
Methods of Using Same," issued December 5, 1995) following a Paragraph IV
certification as part of Teva's filing of an ANDA to manufacture a generic
version of Roche's Xeloda® (capecitabine, used to treat breast and colorectal
cancer and Dukes' C Stage III colon cancer). View the complaint here.
Teva Pharmaceuticals USA, Inc. et al. v. Mylan Pharmaceuticals
Inc. et al.
1:09-cv-08824; filed October 16, 2009 in the
Southern District of New York
• Plaintiffs: Teva Pharmaceuticals USA, Inc.; Teva
Pharmaceutical Industries, Ltd.; Teva Neuroscience, Inc.; Yeda Research and
Development Co. Ltd.
• Defendants: Mylan Pharmaceuticals Inc.; Mylan
Inc.; Natco Pharma Ltd.
Infringement of U.S. Patent Nos. 7,199,098 ("Copolymer-1
Improvements in Compositions of Copolymers," issued April 3, 2007),
6,939,539 (same title, issued September 6, 2005), 6,054,430 (same title, issued
April 25, 2000), 6,620,847 (same title, issued September 16, 2003), 5,981,589
(same title, issued November 9, 1999), 6,342,476 (same title, issued January
29, 2002), and 6,362,161 (same title, issued March 26, 2002) following a Paragraph
IV certification as part of Mylan's filing of an ANDA to manufacture a generic
version of Teva's Copaxone® (glatiramer acetate injection, used for the reduction
of frequency of relapses in patients with relapsing-remitting multiple
sclerosis). View the complaint here.
Banyu Pharmaceutical Co. Ltd. et al. v. Kappos
1:09-cv-01955; filed October 15, 2009 in the
District Court of the District of Columbia
• Plaintiffs: Banyu Pharmaceutical Co. Ltd; Merck
Sharp & Dohme Research Ltd.; Merck & Co., 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.
7,521,455 ("Fused Ring 4-Oxopyrimidine Derivative," issued April 21,
2009). View the complaint here.
Elan Pharma International Ltd. et al. v. Anchen
Pharmaceuticals Inc. et al.
8:09-cv-01193; filed October 14, 2009 in the
Central District of California
• Plaintiffs: Elan Pharma International Ltd.;
Jazz Pharmaceuticals Inc.
• Defendants: Anchen Pharmaceuticals Inc.; Anchen
Inc.
Infringement of U.S. Patent No. 7,456,462 ("Multiparticulate
Controlled Release Selective Serotonin Reuptake Inhibitor Formulations,"
issued December 16, 2008) following a Paragraph IV certification as part of
Anchen's filing of an ANDA to manufacture a generic version of Jazz's Luvox® CR
(fluvoxamine maleate, used to treat social anxiety disorder and obsessive
compulsive disorder). View the
complaint here.