By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Biovail Laboratories International SRL v. Par Pharmaceutical Companies, Inc. et al.
1:10-cv-07310; filed September 22, 2010 in the Southern District of New York
• Plaintiff: Biovail Laboratories International SRL
• Defendants: Par Pharmaceutical Companies, Inc.; Par Pharmaceuticals, Inc.
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), 7,553,992 (same title, issued June 30, 2009), 7,671,094 ("Bupropion Hydrobromide and Therapeutic Applications," issued March 2, 2010), 7,241,805 ("Modified Release Formulations of a Bupropion Salt," issued July 10, 2007), 7,645,802 ("Bupropion Hydrobromide and Therapeutic Applications," issued January 12, 2010), 7,662,407 ("Modified Release Formulations of a Bupropion Salt," issued February 16, 2010), and 7,645,901 (same title, issued January 12, 2010) following a Paragraph IV certification as part of Par's filing of an ANDA to manufacture a generic version of Biovail's Aplenzin ER (bupropion, used to treat depression). View the complaint here.
Bristol-Myers Squibb Co. v. Teva Pharmaceuticals USA Inc. et al.
1:10-cv-00805; filed September 22, 2010 in the District Court of Delaware
• Plaintiff: Bristol-Myers Squibb Co.
• Defendants: Teva Pharmaceuticals USA Inc.; Teva Pharmaceutical Industries Ltd.
Infringement of U.S. Patent No. 5,206,244 ("Hydroxymethyl (Methylenecyclopentyl) Purines and Pyrimidines," issued April 27, 1993) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of BMS's Baraclude® (entecavir, used to treat chronic hepatitis B virus infectrion). View the complaint here.
Schering-Plough Healthcare Products, Inc. et al. v. Par Pharmaceutical, Inc.
3:10-cv-04837; filed September 20, 2010 in the District Court of New Jersey
• Plaintiffs: Schering-Plough Healthcare Products, Inc.; The Curators of the University of Missouri; Santarus, Inc.
• Defendant: Par Pharmaceutical, Inc.
Schering-Plough Healthcare Products, Inc. et al. v. Perrigo Co. et al.
3:10-cv-04838; filed September 20, 2010 in the District Court of New Jersey
• Plaintiffs: Schering-Plough Healthcare Products, Inc.; The Curators of the University of Missouri; Santarus, Inc.
• Defendants: Perrigo Co.; Perrigo Research and Development Co.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 6,699,885 ("Substituted Benzimidazole Dosage Forms and Methods of Using Same," issued March 2, 2004), 6,489,346 (same title, issued December 3, 2002), 6,645,988 (same title, issue November 11, 2003), and 7,399,772 (same title, issued July 15, 2008) following a Paragraph IV certification as part of Par's filing of an ANDA to manufacture a generic version of Santarus' Zegerid® OTC (omeprazole/sodium bicarbonate, used to treat heartburn and other symptoms associated with gastroesophageal reflux disease). View the Par complaint here.
Pronova BioPharma Norge AS v. Teva Pharmaceuticals USA Inc. et al.
1:10-cv-00800; filed September 20, 2010 in the District Court of Delaware
• Plaintiff: Pronova BioPharma Norge AS
• Defendants: Teva Pharmaceuticals USA Inc.; Teva Pharmaceutical Industries Ltd.
Infringement of U.S. Patent No. 7,732,488 ("Pharmaceutical Composition Comprising Low Concentrations of Environmental Pollutants," issued June 8, 2010) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Pronova's Lovaza® (omega-3-acid ethyl esters, used to reduce triglyceride levels in adult patients with very high triglyceride levels). View the complaint here.
GlaxoSmithKline LLC v. Roche Holding Ltd. et al.
1:10-cv-00799; filed September 20, 2010 in the District Court of Delaware
• Plaintiff: GlaxoSmithKline LLC
• Defendants: Roche Holding Ltd.; Genentech Inc.
Infringement of Patent Nos. RE40,070 ("Antibody Purification," issued February 19, 2008) and RE41,555 (same title, issued August 24, 2010) based on defendants' manufacture of antibody products, including Herceptin® (trastuzumab, used to treat breast cancer). View the complaint here.
Genentech, Inc v. GlaxoSmithKline, LLC
5:10-cv-04255; filed September 20, 2010 in the Northern District of California
Declaratory judgment of non-infringement of U.S. Patent Nos. RE40,070 ("Antibody Purification," issued February 19, 2008) and RE41,555 (same title, issued August 24, 2010). View the complaint here.
Pamlab, L.L.C. et al. v. Allegis Pharmaceutical, L.L.C.
1:10-cv-07078; filed September 19, 2010 in the Southern District of New York
• Plaintiffs: Pamlab, L.L.C.; Metabolite Laboratories, Inc.; Breckenridge Pharmaceutical, Inc.
• Defendants: Allegis Pharmaceutical, L.L.C.
Infringement of U.S. Patent No. 6,528,496 ("Compositions Treating, Preventing, or Reducing Elevated Metabolic Levels," issued March 4, 2003) based on Allegis' manufacture, sale, and offer for sale of folic acid products allegedly represented to be substitutable for plaintiffs' Foltx®, Folbee®, and/or Folbic products (vitamin B12, vitamin B6, and folic acid, used to treat hyperhomocysteinemia). View the compliant here.
Comments