By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Cephalon, Inc. et al. v. Apotex Corp. et al.
1:10-cv-22997; filed August 19, 2010 in the Southern District of Florida
• Plaintiffs: Cephalon Inc.; Cephalon France
• Defendants: Apotex Corp.; Apotex Inc.
Cephalon Inc. et al. v. Apotex Corp. et al.
1:10-cv-00695; filed August 18, 2010 in the District Court of Delaware
• Plaintiffs: Cephalon Inc.; Cephalon France
• Defendants: Apotex Corp.; Apotex Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 7,132,570 ("Method for the Production of Crystalline Forms of Optical Enantiomers of Modafinil," issued November 7, 2006) and RE37,516 ("Acetamide Derivative Having Defined Particle Size," issued January 15, 2002) following a Paragraph IV certification as part of Apotex'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.
Galderma Laboratories, L.P. et al. v. Perrigo Co. et al.
4:10-cv-00584; filed August 17, 2010 in the Northern District of Texas
• Plaintiffs: Galderma Laboratories, L.P.; Galderma S.A.
• Defendants: Perrigo Co; Perrigo Israel Pharmaceuticals Ltd.
Infringement of U.S. Patent Nos. 7,316,810 ("Foaming Composition for Washing and Treating Hair and/or Scalp Based on an Active Principle," issued January 8, 2000) and 7,700,081 ("Foaming Composition For Hair Care," issued April 20, 2010) following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Galderma's Clobex® Shampoo (clobetasol propionate shampoo, used to treat psoriasis). View the complaint here.
Astrazeneca Pharmaceuticals LP et al. v. Osmotica Pharmaceutical Corp.
3:10-cv-04203; filed August 16, 2010 in the District Court of New Jersey
• Plaintiffs: Astrazeneca Pharmaceuticals LP; Astrazeneca UK Ltd.
• Defendant: Osmotica Pharmaceutical Corp.
Astrazeneca Pharmaceuticals LP et al. v. Torrent Pharmaceuticals Ltd. et al.
3:10-cv-04205; filed August 16, 2010 in the District Court of New Jersey
• Plaintiffs: Astrazeneca Pharmaceuticals LP; Astrazeneca UK Ltd.
• Defendants: Torrent Pharmaceuticals Ltd.; Torrent Pharma Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 4,879,288 ("Novel Dibenzothiazepine Antipsychotic," issued November 7, 1989) and 5,948,437 ("Pharmaceutical Compositions Using Thiazepine," issued September 7, 1999) following a Paragraph IV certification as part of defendants' 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 Osmotica complaint here.
Promote Innovation LLC v. Watson Pharma, Inc. et al.
2:10-cv-00300; filed August 16, 2010 in the Eastern District of Texas
• Plaintiff: Promote Innovation LLC
• Defendants: Watson Pharma, Inc.; Watson Pharmaceuticals, Inc.
False marking based on Watson's marking of its Androderm products indicating that these product are covered by U.S. Patent Nos. 4,849,224 ("Device for administering an active agent to the skin or mucosa," issued July 18, 2989), 4,855,294 ("Method for reducing skin irritation associated with drug/penetration enhancer compositions," issued August 8, 1989), 4,863,970 ("Penetration enhancement with binary system of oleic acid, oleins, and oleyl alcohol with lower alcohols," issued September 5, 1989), and 4,983,395 ("Device for administering an active agent to the skin or mucosa," issued January 8, 1991), which are expired. View the complaint here.
Hoffman-La Roche Inc. v. Orchid Chemicals & Pharmaceuticals Ltd. et al.
2:10-cv-04050; filed August 6, 2010 in the District Court of New Jersey
• Plaintiff: Hoffman-La Roche Inc.
• Defendants: Orchid Chemicals & Pharmaceuticals Ltd.; Orchid Healthcare; Orchid Pharmaceuticals Inc.; Orgenus Pharma Inc.
Infringement of U.S. Patent No. 7,718,634 ("Method of Treatment Using Bisphosphonic Acid," issued May 18, 2010) following a Paragraph IV certification as part of Orchid's filing of an ANDA to manufacture a generic version of Roche's Boniva® (ibandronate sodium, used to treat post-menopausal osteoporosis). View the complaint here.
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