By Sherri
Oslick --
About
Court
Report: Each week we will report briefly on recently filed
biotech and pharma cases.
Biovail Laboratories International SRL v. Paddock Laboratories,
Inc.
0:10-cv-01571; filed April 15, 2010 in the District
Court of Minnesota
Infringement of U.S. Patent Nos. 7,569,610 ("Modified
Release Formulations of a Bupropion Salt," issued August 4, 2009),
7,572,935 (same title, issued August 11, 2009), 7,649,019 (same title, issued
January 19, 2010), 7,563,823 (same title, issued June 21, 2009), 7,553,992
(same title, issued June 30, 2009), and 7,671,094 ("Bupropion Hydrobromide
and Therapeutic Applications," issued March 2, 2010) following a Paragraph
IV certification as part of Paddock's filing of an ANDA to manufacture a
generic version of Biovail's Aplenzin ER (bupropion, used to treat
depression). View the complaint here.
Abbott Laboratories et al. v. Teva Pharmaceutical Industries
Ltd. et al.
1:10-cv-00302; filed April 14, 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.
Bayer Schering Pharma AG et al. v. Teva Pharamceuticals USA,
Inc. et al.
1:10-cv-00299; filed April 13, 2010 in the District
Court of Delaware
• Plaintiffs: Bayer Schering Pharma AG; Bayer HealthCare Pharmaceuticals
Inc.; Schering Corp.
• Defendants: Teva Pharamceuticals USA, Inc.; Teva Pharmaceutical
Industries Ltd.
Infringement of U.S. Patent No. 7,696,206 ("2-phenyl
Substituted Imidazotriazinones as Phosphodiesterase Inhibitors," issued
April 13, 2010) as part of Teva's filing of an ANDA to manufacture a generic
version of plaintiffs' Levitra® (vardenafil hydrochloride, used to treat
erectile dysfunction). View the
complaint here.
Baker v. Bayer Aktiengescellschaft Corp. et al.
2:10-cv-02271; filed April 13, 2010 in the Western
District of Tennessee
• Plaintiff: Charles R. Baker
• Defendants: Bayer Aktiengescellschaft Corp. d/b/a Bayer AG; Bayer
Corp.; Bayer Healthcare, LLC; Bayer Healthcare Pharmaceuticals, Inc.
False
marking based on Bayer's marking of certain of its Baytril®, Cipro®, Ciprodex®,
Fludara®, Legend®, and Proleukin® products indicating that these products are
covered by one or more of U.S. Patent Nos. 4,670,444 ("7-amino-1-cyclopropyl-4-oxo-1,
4-dihydro-quinoline-and naphthyridine-3-carboxylic acids and antibacterial
agents containing these compounds," issued June 2, 1987), 4,844,902 ("Topically
applicable formulations of gyrase inhibitors in combination with
corticosteroids," issued July 4, 1989), 4,357,324 ("Prodrug
derivatives of 9beta-D-arabinofuranosyl-2-fluoroadenine," issued November 2, 1982), 4,808,576 ("Remote
administration of hyaluronic acid to mammals," issued February 28, 1989), 4,530,787 ("Controlled
oxidation of microbially produced cysteine-containing proteins," issued July 23, 1985), 4,569,790 ("Process
for recovering microbially produced interleukin-2 and purified recombinant
interleukin-2 compositions," issued February 11, 1986), 4,604,377 ("Pharmaceutical compositions
of microbially produced interleukin-2," issued August 5, 1986), 4,748,234 ("Process for recovering
refractile bodies containing heterologous proteins from microbial hosts,"
issued May 31, 1988), 4,572,798
("Method for promoting disulfide bond formation in recombinant proteins,"
issued February 25, 1986),
4,853,332 ("Structural genes, plasmids and transformed cells for producing
cysteine depleted muteins of biologically active proteins," issued August 1, 1989), and 4,959,314 ("Cysteine-depleted
muteins of biologically active proteins," issued September 25, 1990), all of which are expired. View the complaint here.
Baker
v. Novartis Pharmaceuticals Corp. et al.
2:10-cv-02272; filed April 13, 2010 in the Western
District of Tennessee
• Plaintiff: Charles R. Baker
•
Defendants: Novartis
Pharmaceuticals Corp.; Novartis Animal Health US, Inc.; Novartis
Opthalmics, Inc.
False
marking based on Novartis' marking of certain of its Denegard®, Milbemite®, and
Ocupress® products indicating that these products are covered by one or more of
U.S. Patent Nos. 4,278,674 ("Substituted 14-desoxy-mutilin compositions,"
issued July 14, 1981), 4,547,520
("5-Oxime derivatives of milbemycins and veterinary and agricultural use
thereof," issued October 15, 1985),
3,910,924 ("3,4-Dihydrocarbostyril derivatives and a process for preparing
the same," issued October 7, 1975),
and 4,309,432 ("Compositions for treating glaucoma containing a
carbostyril," issued January 5,
1982), all of which are expired. View the complaint here.
Baker
v. Bausch & Lomb, Inc.
2:10-cv-02273; filed April 13, 2010 in the Western
District of Tennessee
False
marking based on Bausch & Lomb's marking of certain of its Xibrom® products
with U.S. Patent No. 4,910,225 ("Locally administrable therapeutic
composition for inflammatory disease," issued March 20, 1990) which is
expired. View the complaint here.
Baker
v. Glaxosmithkline Healthcare, LP et al.
2:10-cv-02274; filed April 13, 2010 in the Western
District of Tennessee
• Plaintiff: Charles R. Baker
•
Defendants: Glaxosmithkline
Healthcare, LP; Glaxosmithkline, LLC
False marking based on GSK's marking of certain of
its Alli® products with U.S. Patent No. 4,598,089 ("Leucine derivatives,"
issued July 1, 1986) and its
NicodermCQ ® products with U.S. Patent No. 5,004,610 ("Subsaturated
nicotine transdermal therapeutic system," issued April 2, 1991), which are expired. View the complaint here.
Warner Chilcott Co., LLC et al. v. Mylan Pharmaceuticals
Inc.
1:10-cv-00059; filed April 9, 2010 in the Northern
District of West Virginia
• Plaintiffs: Warner Chilcott Co.; Hoffmann-La Roche Inc.
• Defendant: Mylan Pharmaceuticals Inc.
Infringement of U.S. Patent No. 7,192,938 ("Method
of Treatment Using Bisphosphonic Acid," issued March 20, 2007), licensed
to Warner Chilcott, following a Paragraph IV certification as part of Mylan's
filing of an ANDA to manufacture a generic version of Warner Chilcott's
Once-a-Month Actonel® (risedronate sodium, used to treat and prevent
postmenopausal osteoporosis). View
the complaint here.
Astrazeneca Pharmaceuticals LP et al. v. Anchen
Pharmaceuticals, Inc. et al.
3:10-cv-01835; filed April 8, 2010 in the District
Court of New Jersey
• Plaintiffs: Astrazeneca Pharmaceuticals LP; Astrazeneca UK Ltd.
• Defendants: Anchen Pharmaceuticals, Inc.; Anchen, Inc.
Infringement of U.S. Patent No. 5,948,437 ("Pharmaceutical
Compositions Using Thiazepine," issued September 7, 1999) following a
Paragraph IV certification as part of Anchen's filing of an ANDA to manufacture
a generic version of AstraZeneca's Seroquel® XR (quetiapine fumarate, used to
treat schizophrenia and bipolar disorder). View the complaint here.