By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Abbott Laboratories et al. v. Teva Pharmaceutical Industries Ltd. et al.
1:10-cv-00766; filed September 8, 2010 in the District Court of Delaware
• Plaintiffs: Abbott Laboratories; Abbott Respiratory LLC
• Defendants: Teva Pharmaceutical Industries Ltd.; Teva Pharamceuticals 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.
Yeda Research and Development Co., Ltd. v. Abbott GmbH & Co. KG
1:10-cv-05699; filed September 8, 2010 in the Northern District of Illinois
Review of the decision of the Board of Patent Appeals and Interferences awarding priority of invention to Abbott in the interference between U.S. Patent Application No. 07/930,443 ("Tumor Necrosis Factor Binding Protein II, Its Purification and Antibodies Thereto," filed August 19, 1992), assigned to Yeda and U.S. Patent No. 5,344,915 ("Proteins and the Preparation Thereof," issued September 6, 1994), assigned to Abbott. View the complaint here.
Allergan, Inc. et al. v. Apotex Inc., et al.
1:10-cv-00681; filed September 8, 2010 in the Middle District of North Carolina
• Plaintiffs: Allergan, Inc.; Duke University
• Defendants: Apotex Inc.; Apotex Corp.
Infringement of U.S. Patent Nos. 7,351,404 ("Method of Enhanced Hair Growth," issued April 1, 2008), 7,388,029 ("Compositions and Methods for Treating Hair Loss Using Non-Naturally Occurring Prostaglandins," issued June 17, 2008), and 6,403,649 (""Non-Acidic Cyclopentane Heptanoic Acid,2-Cycloalkyl Or Arylalkyl Derivatives As Therapeutic Agents, issued June 11, 2002) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Allergan's Latisse® (bimatoprost topical solution/drops, 0.03%, used to treat inadequate or not enough eye lashes). View the complaint here.
Takeda Pharmaceuticals Co. et al. v. Synthon Pharmaceuticals, Inc. et al.
1:10-cv-06679; filed September 8, 2010 in the Southern District of New York
• Plaintiffs: Takeda Pharmaceuticals Co. Ltd.; Takeda Pharmaceuticals North America, Inc.
• Defendants: Synthon Pharmaceuticals, Inc.; Breckenridge Pharmaceuticals, Inc.
Infringement of U.S. Patent Nos. 5,965,584 ("Pharmaceutical Composition," issued October 12, 1999), 6,329,404 (same title, issued December 11, 2001), 6,166,043 (same title, issued December 26, 2000), 6,172,090 (same title, issued January 9, 2001), 6,211,205 (same title, issued April 3, 2001), 6,271,243 (same title, issued August 7, 2001), and 6,303,640 (same title, issued October 16, 2001) following a Paragraph IV certification as part of Synthon's filing of an ANDA to manufacture a generic version of Takeda's Actos® (pioglitazone hydrochloride, used to treat type II diabetes). View the complaint here.
Hoffmann-La Roche Inc. v. Orchid Chemicals & Pharmaceuticals Ltd. et al.
2:10-cv-04540; filed September 3, 2010 in the District Court of New Jersey
• Plaintiff: Hoffmann-La Roche Inc.
• Defendants: Orchid Chemicals & Pharmaceuticals Ltd.; Orchid Healthcare; Orchid Pharmaceuticals Inc.; Orgenus Pharma Inc.
Infringement of U.S. Patent No. 4,927,814 ("Diphosphonate Derivatives, Pharmaceutical Compositions and Methods of Use," issued May 22, 1990) following a Paragraph IV certification as part of Orchid's filing of an ANDA to manufacture a generic version of Roche's Boniva® (150 mg once-monthly tablets) (ibandronate sodium, used to treat post-menopausal osteoporosis). View the complaint here.
Wyeth LLC v. Dr. Reddy's Laboratories, Ltd. et al.
3:10-cv-04551; filed September 3, 2010 in the District Court of New Jersey
• Plaintiff: Wyeth LLC
• Defendants: Dr. Reddy's Laboratories, Ltd.; Dr. Reddy's Laboratories, Inc.
Infringement of U.S. Patent Nos. 6,274,171 ("Extended release formulation of venlafaxine hydrochloride," issued August 14, 2001), 6,403,120 (same title, issued June 11, 2002), and 6,419,958 (same title, issued July 16, 2002) following a Paragraph IV certification as part of Dr. Reddy's filing of an ANDA to manufacture a generic version of Wyeth's EFFEXOR XR® (venlafaxine hydrochloride, extended release, used to treat depression). View the complaint here.
Allergan Inc. v. Watson Pharmaceuticals Inc. et al.
2:10-cv-00344; filed September 2, 2010 in the Eastern District of Texas
• Plaintiff: Allergan, Inc.
• Defendants: Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.; Watson Pharma, Inc.
Infringement of U.S. Patent Nos. 7,030,149 ("Combination of Brimonidine Timolol For Topical Ophthalmic Use," issued April 18, 2006), 7,320,976 ("Combination of Brimonidine and Timolol For Topical Ophthalmic Use," issued January 22, 2008), 7,323,463 (same title, issued January 29, 2008), and 7,642,258 (same title, issued January 5, 2010) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Allergan's Combigan® (brimonidine tartrate/timolol maleate ophthalmic solution, used to treat glaucoma). View the complaint here.
Schering Corp. et al. v. Teva Pharmaceuticals USA, Inc. et al.
2:10-cv-04473; filed September 1, 2010 in the District Court of New Jersey
• Plaintiffs: Schering Corp.; MSP Singapore Co. LLC
• Defendants: Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.
Infringement of U.S. Patent Nos. RE37,721 ("Hydroxy-substituted Azetidinone Compounds Useful as Hypocholesterolemic Agents," issued May 8, 2002) and 5,846,966 ("Combinations of Hydroxy-Substituted Azetidinone Compounds and HMG CoA Reductase Inhibitors," issued December 8, 1998) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Plaintiffs' Zetia® (ezetimib, used to treat elevated cholesterol levels). View the complaint here.
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