By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Pfizer Inc. et al. v. Actavis Group Hf et al.
1:10-cv-00675; filed August 11, 2010 in the District Court of Delaware
• Plaintiffs: Pfizer Inc.; Pfizer Ireland Pharmaceuticals; Warner Lambert Co.; Warner Lambert Co. LLC
• Defendants: Actavis Group Hf; Actavis Inc.; Actavis Elizabeth LLC; Actavis Pharma Manufacturing Private Ltd.
Infringement of U.S. Patent No. 5,969,156 ("Crystalline [R- (R*,R*)]-2-(4-Dfluorophenyl)-β,δ-dihydroxy-5-(1-methylethyl)- 3-phenyl-4-[(phenylamino)carbonyl]-1H-pyrrole-1-heptanoic acid hemi calcium salt (atorvastatin)," issued October 19, 1999) based on Actavis' filing of an ANDA to manufacture a generic version of Pfizer's Lipitor® (atorvastatin calcium, used to treat high cholesterol and heart disease). View the complaint here.
Purdue Pharma L.P. et al. v. Varam, Inc. et al.
1:10-cv-06038; filed August 11, 2010 in the Southern District of New York
• Plaintiffs: Purdue Pharma L.P.; P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Rhodes Technologies
• Defendants: Varam, Inc.; KVK-Tech, Inc.
Purdue Pharma L.P. et al. v. Varam, Inc. et al.
2:10-cv-04028; filed August 11, 2010 in the Eastern District of Pennsylvania
• Plaintiffs: Purdue Pharma L.P.; P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Rhodes Technologies
• Defendants: Varam, Inc.; KVK-Tech, Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 5,508,042 ("Controlled Release Oxycodone Compositions," issued April 16, 1996), 7,674,799 ("Oxycodone Hydrochloride Having Less Than 25 PPM 14-Hydroxycodeinone," issued March 9, 2010), 7,674,800 (same title, issued March 9, 2010), and 7,683,072 (same title, issued March 23, 2010) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone hydrochloride, used to treat pain). View the New York complaint here.
APP Pharmaceuticals, LLC v. Ameridose, LLC
3:10-cv-04109; filed August 10, 2010 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 4,870,086 ("Optically Pure Compound and a Process for its Preparation," issued September 26, 1989), 5,670,524 ("Methods and Compositions for the Treatment of Pain Utilizing Ropivacaine," issued September 23, 1997), and 5,834,489 (same title, issued November 10, 1998) by making, using, importing, offering for sale, and/or selling in the United States products covered by one or more claims of the '086, '524, and '489 patents. View the complaint here.
Lupin Atlantis Holdings SA v. Ranbaxy Laboratories Ltd. et al.
1:10-cv-00659; filed August 6, 2010 in the District Court of Delaware
• Plaintiff: Lupin Atlantis Holdings SA
• Defendants: Ranbaxy Laboratories Ltd.; Ranbaxy Pharmaceuticals Inc.; Ranbaxy Inc.; Ethypharm SA
Infringement of U.S. Patent No. 7,101,574 ("Pharmaceutical Composition Containing Fenofibrate and the Preparation Method," issued September 5, 2006) following a Paragraph IV certification as part of Ranbaxy's filing of an ANDA to manufacture a generic version of Lupin's Antara® (fenofibrate, used to treat hypercholesterolemia and hypertriglyceridemia). View the complaint here.
Medeva Pharma Suisse A.G. et al. v. Par Pharmaceutical, Inc. et al.
3:10-cv-04008; filed August 5, 2010 in the District Court of New Jersey
• Plaintiffs: Medeva Pharma Suisse A.G.; Warner Chilcott Pharmaceuticals Inc.; Warner Chilcott Company, LLC
• Defendants: Par Pharmaceutical, Inc.; Emet Pharmaceuticals, LLC
Infringement of U.S. Patent No. 5,541,170 ("Orally Administrable Pharmaceutical Compositions," issued July 30, 1996) following a Paragraph IV certification as part of Par's filing of an ANDA to manufacture a generic version of plaintiffs' Asacol® (mesalamine, used to treat ulcerative colitis). View the complaint here.
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