Court Report

    By Sherri Oslick --

About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases.

Cephalon, Inc. et al. v. Lupin Ltd. et al.
1:10-cv-00661; filed March 17, 2010 in the District Court of Maryland

• Plaintiffs:  Cephalon, Inc.; Cephalon France
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals, Inc.

Cephalon Inc. et al. v. Lupin Ltd. et al.
1:10-cv-00210; filed March 16, 2010 in the District Court of Delaware

• Plaintiffs:  Cephalon Inc.; Cephalon France
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals Inc.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. RE37,516 ("Acetamide Derivative Having Defined Particle Size," issued January 15, 2002) and 7,132,570 ("Method for the Production of Crystalline Forms of Optical Enantiomers of Modafinil," issued November 7, 2006) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Cephalon's Nuvigil® (armodafinil, used to improve wakefulness in patients with excessive sleepiness associated with obstructive sleep apnea/hypopnea syndrome, narcolepsy, and shift work sleep disorder).  View the Delaware complaint here.

Eli Lilly and Company et al. v. Synthon Pharmaceuticals, Inc.
1:10-cv-00310; filed March 15, 2010 in the Southern District of Indiana

• Plaintiffs:  Eli Lilly and Company; Icos Corp.
• Defendants:  Synthon Pharmaceuticals, Inc.

Eli Lilly and Company, et al. v. Synthon Pharmaceuticals, Inc.
1:10-cv-00210; filed March 15, 2010 in the Middle District of North Carolina

• Plaintiffs:  Eli Lilly and Company; Icos Corp.
• Defendants:  Synthon Pharmaceuticals, Inc.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 6,821,975 ("Beta-Carboline Drug Products," issued November 23, 2004) and 7,182,958 ("β-Carboline Pharmaceutical Compositions," issued February 27, 2007) following a Paragraph IV certification as part of Synthon's filing of an ANDA to manufacture a generic version of Lilly's Adcirca® (tadalafil, used to treat pulmonary arterial hypertension).  View the Indiana complaint here.

Pfizer Inc. et al. v. Alphapharm Pty Ltd. et al.
1:10-cv-00204; filed March 12, 2010 in the District Court of Delaware

• Plaintiffs:  Pfizer Inc.; Warner-Lambert Co. LLC; CP Pharmaceuticals International CV; Northwestern University
• Defendants:  Alphapharm Pty Ltd.; Mylan Pharmaceuticals Inc.

Infringement of U.S. Patent No. 6,197,819 ("Gamma Amino Butyric Acid Analogs and Optical Isomers," issued March 6, 2001) following a Paragraph IV certification as part of Alphapharm's filing of an ANDA to manufacture a generic version of Pfizer's Lyrica® (pregabalin, used to treat fibromyalgia).  View the complaint here.

Abbott Laboratories et al. v. Impax Laboratories, Inc.
2:10-cv-01322; filed March 12, 2010 in the District Court of New Jersey

• Plaintiffs:  Abbott Laboratories; Fournier Laboratories Ireland Ltd.
• Defendant:  Impax Laboratories, Inc.

Infringement of U.S. Patent No. 7,259,186 ("Salts of Fenofibric Acid and Pharmaceutical Formulations Thereof," issued August 21, 2007) following a Paragraph IV certification as part of Impax's filing of an ANDA to manufacture a generic version of Abbott's Trilipix® (choline fenofibrate delayedrelease, used to treat increased triglyceride levels).  View the complaint here.

Bristol-Myers Squibb Co. et al. v. Teva Pharamceuticals USA, Inc.
1:10-cv-00198; filed March 11, 2010 in the District Court of Delaware

• Plaintiffs:  Bristol-Myers Squibb Co.; Novartis Corp.; Novartis Pharma AG
• Defendant:  Teva Pharamceuticals USA, Inc.

Infringement of U.S. Patent Nos. 5,849,911 ("Antivirally Active Heterocyclic Azahexane Derivatives," issued December 15, 1998) and 6,087,383 ("Bisulfate Salt of HIV Protease Inhibitor," issued July 11, 2000), both licensed to BMS, following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of BMS' Reyataz® (atazanavir bisulfate, used to treat HIV infection).  View the complaint here.

Comments

[6]

Where's the doc's write up about ariad?

[Donald Zuhn]

Patience, 6, we have day jobs with real prosecution deadlines. A post will be going up shortly.

[Kevin E. Noonan]

Coming, 6. Patience.