By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Eli Lilly and Company v. Sandoz, Inc.
1:10-cv-01057; filed August 23, 2010 in the Southern District of Indiana
Infringement of U.S. Patent No. 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 Sandoz's 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.
Schering Corp. et al v. Impax Laboratories, Inc.,
3:10-cv-03719; filed August 20, 2010 in the Northern District of California
• Plaintiffs: Schering Corp.; MSP Singapore Co. LLC
• Defendant: Impax Laboratories, Inc.
Schering Corporation et al v. Impax Laboratories, Inc.
2:10-cv-04270; filed August 19 in the District Court of New Jersey
• Plaintiffs: Schering Corp.; MSP Singapore Co., LLC
• Defendant: Impax Laboratories, Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. RE37,721 ("Hydroxy-Substituted Azetidinone Compounds Useful as Hypocholesterolemic Agents," issued May 28, 2002) and 5,846,966 ("Combinations of Hydroxy-Aubstituted Azetidinone Compounds and HMG CoA Reductase Inhibitors," issued December 8, 1998) following a Paragraph IV certification as part of Impax's filing of an ANDA to manufacture a generic version of MSP's Vytorin® (ezetimibe and simvastatin, used to treat hyperlipidemia). View the New Jersey complaint here.
Medicis Pharmaceutical Corp. v. Acella Pharmaceuticals Inc.
2:10-cv-01780; filed August 19, 2010 in the District Court of Arizona
Infringement of U.S. Patent No. 7,776,355 ("Delivery System for Topical Medications," issued August 17, 2010) based on Acella's manufacture and sale of benzoyl peroxide foaming cloths, similar to Triaz® Foaming Cloths (benzoyl peroxide foaming cloths, use to treat acne). View the complaint here.
Medicines Company v. Hospira Inc.
1:10-cv-00700; filed August 19, 2010 in the District Court of Delaware
Infringement of U.S. Patent Nos. 7,582,727 ("Pharmaceutical Formulations of Bivalirudin and Process of Making the Same," issued September 1, 2009) and 7,598,343 (same title, issued October 6, 2009) following a Paragraph IV certification as part of Hospira's filing of an ANDA to manufacture a generic version of The Medicines Company's Angiomax® (bivalirudin, used as an anticoagulant in patients with unstable angina undergoing percutaneous translurninal coronary angioplasty). View the complaint here.
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