By Sherri Oslick --
A
note to our readers: In an effort to catch up with recently filed
biotech and pharma cases following a brief hiatus, Patent Docs presents this additional installment of Court Report.
Eli Lilly and Company v. Fresenius Kabi Oncology PLC
1:10-cv-00147; filed February 4, 2010 in the
Southern District of Indiana
Infringement of U.S. Patent Nos. 4,808,614 ("Difluoro
Aantivirals and Intermediate Therefore," issued February 18, 1989) and
5,464,826 ("Method of Treating Tumors in Mammals with 2',2'-difluoronucleosides,"
issued November 7, 1995) following a Paragraph IV certification as part of Fresenius'
filing of an ANDA to manufacture a generic version of Lilly's Gemzar®
(gemcitabine hydrochloride for injection, used to treat non-small cell lung
cancer, pancreatic cancer, breast cancer, and ovarian cancer). View the complaint here.
Pfizer Inc. et al. v. Mylan Pharmaceuticals Inc.
1:10-cv-00085; filed February 3, 2010 in the
District Court of Delaware
• Plaintiffs: Pfizer Inc.; Pfizer Pharmaceuticals LLC; Pfizer Ireland
Pharmaceuticals; Pfizer Ltd.; CP Pharmaceuticals International CV
• Defendant: Mylan Pharmaceuticals Inc.
Infringement of U.S. Patent No. 6,455,574 ("Therapeutic
Combination," issued September 24, 2002) following Mylan'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.
Celsis In Vitro, Inc. v. Xenotech, LLC et al.
1:10-cv-00681; filed February 1, 2010 in the
Northern District of Ilinois
• Plaintiff:
Celsis In Vitro, Inc.
• Defendants: Xenotech, LLC; Sekisui Chemical Co. Ltd.; Sekisui Medical Co.
Ltd.
Infringement of U.S. Patent No. 7,604,929 ("Cellular
Compositions and Methods for Their Preparation," issued October 20. 2009)
based on defendants' manufacture and sale of hepatocyte products, such as
CryoXTreme, as well as providing in vitro
drug testing services using pooled cryopreserved
hepatocytes. View the complaint here.
Alcon Research, Ltd. et al. v. Sandoz Inc.
1:10-cv-00106; filed January 27, 2010 in the
Southern District of Indiana
• Plaintiffs: Alcon Research, Ltd.; Alcon Laboratories, Inc.; Alcon
Pharmaceuticals, Ltd.; Kyowa Hakko Kirin Co., Ltd.
• Defendant: Sandoz Inc.
Infringement of U.S. Patent Nos. 5,641,805 ("Topical
Ophthalmic Formulations for Treating Allergic Eye Diseases," issued June
24, 1997), 6,995,186 ("Olopatadine Formulations for Topical
Administration," issued on February 7, 2006), and 7,402,609 (same title,
issued July 22, 2008) following a Paragraph IV certification as part of Sandoz's
filing of an ANDA to manufacture a generic version of Alcon's Pataday®
(olopatadine hydrochloride ophthalmic solution, used to treat ocular itching
associated with allergic conjunctivitis). View the complaint here.
Abbott Laboratories et al. v. Teva Pharmaceutical Industries
Ltd. et al.
1:10-cv-00057; filed January 22, 2010 in the
District Court of Delaware
• Plaintiffs: Abbott Laboratories; Abbott Respiratory LLC
• Defendants: Teva Pharmaceutical Industries Ltd.; Teva Pharmaceuticals USA
Inc.
Infringement of U.S. Patent Nos. 6,129,930 ("Methods
and Sustained Release Nicotinic Acid Compositions for Treating Hyperlipidemia
at Night," issued October 10, 2000), 6,406,715 ("Intermediate Release
Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique Urinary
Metabolite Profiles," issued June 18, 2002), 6,676,967 ("Methods for
Reducing Flushing in Individuals Being Treated with Nicotinic Acid for
Hyperlipidemia," issued January 13, 2004), 6,746,691 ("Intermediate
Release Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique
Biopharmaceutical Characteristics," issued June 8, 2004), 7,011,848 ("Hydrophobic
Component Free Sustained Release Nicotinic Acid Compositions for Treating
Hyperlipidemia and Related Methods Therefor," issued March 14, 2006),
6,818,229 ("Intermediate Release Nicotinic Acid Compositions for Treating
Hyperlipidemia," issued November 16, 2004), 6,080,428 ("Nicotinic
Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor,"
issued June 27, 2000), and 6,469,035 ("Methods of Pretreating
Hyperlipidemic Individuals with a Flush Inhibiting Agent Prior to the Start of
Single Daily Dose Nicotinic Acid Therapy to Reduce Flushing Provoked by
Nicotinic Acid," issued October 22, 2002) following a Paragraph IV
certification as part of Teva's filing of an ANDA to manufacture a generic
version of Abbott's Simcor® (niacin extended release / simvastatin tablets,
used to treat hypercholesterolemia). View the complaint here.
Takeda Pharmaceutical Co. et al. v. Aurobindo
Pharma Ltd. et al.
2:10-cv-00319; filed January 19, 2010 in the
District Court of New Jersey
• Plaintiffs: Takeda Pharmaceutical Co.; Takeda Pharmaceuticals
North America, Inc.
• Defendants: Aurobindo Pharma Ltd.; Aurobindo Pharma USA Inc.
Takeda Pharmaceutical Company Limited et al. v. Aurobindo
Pharma Limited et al.
1:10-cv-00247; filed January 13, 2010 in the
Southern District of New York
• Plaintiffs: Takeda Pharmaceutical Co.; Takeda Pharmaceuticals
North America, Inc.
• Defendants: Aurobindo Pharma Ltd.; Aurobindo Pharma USA 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 New Jersey complaint here.
Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. Lupin
Pharmaceuticals, Inc. et al.
2:10-cv-00322; filed January 15, 2010 in the
District Court of New Jersey
• Plaintiff: Ortho-McNeil-Janssen Pharmaceuticals, Inc.
• Defendants: Lupin Pharmaceuticals, Inc.; Lupin Ltd.
Infringement of U.S. Patent No. 6,214,815 ("Triphasic
Oral Contraceptive," issued April 10, 2001) following a Paragraph IV
certification as part of Lupin'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.
Newsweek = Newspeak on Gene Patenting
Perhaps someone should explain the inhibitory effects on breast cancer research occasioned by the Myriad patents to these researchers. Ms.
Begley's bias is revealed at the end of the article:
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