Court Report

By Sherri Oslick --

About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases.

Sandoz Inc. v. Boehringer Ingelheim
1:10-cv-01767; filed October 19, 2010 in the District Court of the District of Columbia

Declaratory judgment of invalidity and non-infringement of U.S. Patent No. 7,429,602 ("Treating Conjunctivitis by Topically Administering An Epinastine Solution to the Conjunctiva," issued September 30, 2008), licensed to Allergan, based on Sandoz's filing of an ANDA to manufacture a generic version of Allergan's Elestat® (epinastine hydrochloride ophthalmic solution, used to prevent itching associated with allergic conjunctivitis), and based on the continued listing of the '602 patent in the Orange Book, despite Boehringer's disclaimer of all claims and all term of the '602 patent and request that it be delisted from the Orange Book.  View the complaint here.

Eli Lilly & Co. v. Accord Healthcare, Inc.
1:10-cv-00781; filed October 19, 2010 in the Middle District of North Carolina

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 Accord'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.

Mylan Pharmaceuticals Inc. v. Galderma Laboratories Inc. et al.
1:10-cv-00892; filed October 18, 2010 in the District Court of Delaware

• Plaintiff:  Mylan Pharmaceuticals Inc.
• Defendants:  Galderma Laboratories Inc.; Galderma Laboratories LP; Supernus Pharmaceuticals Inc.

Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 7,749,532 ("Once Daily Formulation of Tetracyclines," issued July 6, 2010), licensed to Galderma based on Mylan's filing of an ANDA to manufacture a generic version of Galderma's Oracea® (doxycyline delayed release capsules, used to treat inflammatory lesions of rosacea).  View the complaint here.

Genzyme Corp. v. Medicis Pharmaceutical Corp. et al.
1:10-cv-11763; filed October 15, 2010 in the District Court of Massachusetts

• Plaintiff:  Genzyme Corp.
• Defendants:  Medicis Pharmaceutical Corp.; Medicis Aesthetics, Inc.

Infringement of U.S. Patent No. 5,399,351 ("Biocompatible Viscoelastic Gel Slurries, Their Preparation and Use," issued March 21, 1995) based on Medicis' manufacture, use, sale, and offer for sale of its Restylane®, Perlane®, Restylane-L and Perlane-L products (hyaluronic acid, used to correct moderate to severe facial wrinkles and folds).  View the complaint here.

Comments

[David Pascoe]

Thanks for the links to the proceedings about Oracea.

A lot of rosacea sufferers are keen for the availability of generic oracea.

Will keep an eye for more information. Please post anything you see from the Feb 14-18 2011 court proceedings.

[David Pascoe]

Hi Guys,

According to:

Mylan Pharmaceuticals Inc. v. Galderma Laboratories Inc. et al.
1:10-cv-00892; filed October 18, 2010

"Trial in the Oracea Patent Litigation is scheduled for February 14-18, 2011"

Are there any updates on this now that that date has passed?

thanks,
davidp.