By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Zydus Pharmaceuticals USA, Inc. v. Eli Lilly and Company
3:10-cv-05584; filed October 27, 2010 in the District Court of New Jersey
Declaratory judgment that Zydus may proceed with the manufacture and sale, in conjunction with Zydus' approved ANDA, of a generic version of Eli Lilly's Strattera® (atomoxetine hydrochloride, used to treat attention-deficit/hyperactivity disorder), based on a finding of invalidty of U.S. Patent No. 5,658,590 ("Treatment of Attention-Deficit/ Hyperactivity Disorder," issued August 19, 1997) in a multi-defendant litigation from which Zydus was removed by consent judgment (stating that Zydus would not manufacture its generic Strattera® during the life of the '590 patent). View the complaint here.
Novartis Pharmaceuticals Corporation et al. v. Apotex Corp. et al.
0:10-cv-62066; filed October 27, 2010 in the Southern District of Florida
• Plaintiffs: Novartis Pharmaceuticals Corp.; Novartis AG; Novartis Pharma AG; Novartis International Pharmaceutical, Ltd.; Proterra AG
• Defendants: Apotex Corp.; Apotex Inc.
Novartis Pharmaceuticals Corporation et al. v. Apotex Corp. et al.
1:10-cv-00916; filed October 26, 2010 in the District Court of Delaware
• Plaintiffs: Novartis Pharmaceuticals Corp.; Novartis AG; Novartis Pharma AG; Novartis International Pharmaceutical Ltd.; Proterra AG
• Defendants: Apotex Corp.; Apotex Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 4,948,807 ("Phenyl Carbamates," issued August 14, 1990) and 5,602,176 ("Phenyl Carbamate," issued February 11, 1997) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Novartis' Exelon® (rivastigmine tartrate, used to treat mild to moderate dementia of the Alzheimer's type, and mild to moderate dementia associated with Parkinson's disease). View the Delaware complaint here.
AstraZeneca UK Ltd. et al. v. Watson Pharmaceuticals Inc. et al.
1:10-cv-00915; filed October 26, 2010 in the District Court of Delaware
• Plaintiffs: AstraZeneca UK Ltd.; IPR Pharmaceuticals Inc.; Shionogi Seiyaku Kabushiki Kaisha
• Defendants: Watson Pharmaceuticals Inc.; Watson Pharma Inc.; Watson Laboratories Inc. (DE); Watson Laboratories Inc. (NY); Watson Laboratories Inc. (CT); Watson Laboratories Inc. – Florida; Watson Laboratories Inc. (NV)
Infringement of U.S. Patent No. RE37,314 ("Pyrimidine Derivatives," issued August 7, 2001) following a Paragraph IV certification as part of Watson's filing of an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic version (rosuvastatin zinc) of AstraZeneca's Crestor® (rosuvastatin calcium, used to treat high cholesterol). View the complaint here.
Orexo AB v. Edict Pharmaceuticals PVT. Ltd.
3:10-cv-05548; filed October 26, 2010 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,761,910 ("Pharmaceutical Composition for the Treatment of Acute Disorders," issued July 13, 2004), licensed to Meda Pharmaceuticals, following a Paragraph IV certification as part of Edict's filing of an ANDA to manufacture a generic version of Meda's Edluar (zolpidem sublingual tablets, used to treat short-term insomnia). View the complaint here.
Abbott Laboratories et al. v. Anchen Pharmaceuticals Inc. et al.
1:10-cv-00912; filed October 25, 2010 in the District Court of Delaware
• Plaintiffs: Abbott Laboratories; Wisconsin Alumni Research Foundation
• Defendants: Anchen Pharmaceuticals Inc.; Anchen Inc.
Infringement of U.S. Patent No. 5,587,497 ("19-nor-Vitamin D Compounds," issued December 24, 1996) following a Paragraph IV certification as part of Anchen's filing of an ANDA to manufacture a generic version of Abbott's Zemplar® (paricalcitol, used to treat secondary hyperparathyroidism in patients with kidney failure). View the complaint here.
AstraZeneca Pharmaceuticals LP et al. v. Mylan Pharmaceuticals Inc. et al.
3:10-cv-05519; filed October 22, 2010 in the District Court of New Jersey
• Plaintiffs: AstraZeneca Pharmaceuticals LP; AstraZeneca UK Ltd.
• Defendants: Mylan Pharmaceuticals Inc.; Mylan Inc.
Infringement of U.S. Patent Nos. 4,879,288 ("Novel Dibenzothiazepine Antipsychotic," issued November 7, 1989) and 5,948,437 ("Pharmaceutical Compositions Using Thiazepine," issued September 7, 1999) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of AstraZeneca's Seroquel® XR (quetiapine fumarate, used to treat schizophrenia and bipolar disorder). View the complaint here.
Comments