By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Hospira, Inc. v. Eli Lilly & Co.
1:10-cv-06275; filed September 30, 2010 in the Northern District of Illinois
Declaratory judgment of non-infringement of U.S. Patent No. 5,606,048 ("Stereoselective glycosylation process for preparing 2'-Deoxy-2', 2'-difluoronucleosides and 2'-deoxy-2'-fluoronucleosides," issued February 25, 1997) related to Hospira'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.
Astrazeneca Pharmaceuticals LP et al. v. Torrent Pharmaceuticals Ltd. et al.
3:10-cv-04971; filed September 28, 2010 in the District Court of New Jersey
• Plaintiffs: Astrazeneca Pharmaceuticals LP; Astrazeneca UK Ltd.
• Defendants: Torrent Pharmaceuticals Ltd.; Torrent Pharma 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 Torrent'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.
Anchen Pharmaceuticals, Inc. v. Labopharm Inc. et al.
1:10-cv-01637; filed September 27, 2010 in the District Court of the District of Columbia
• Plaintiff: Anchen Pharmaceuticals, Inc.
• Defendants: Labopharm Inc.; Labopharm Europe, Ltd.; Labopharm (Barbados), Ltd.
Declaratory judgment of invalidity and non-infringement of U.S. Patent No. 6,607,748 ("Cross Linked High Amylose Starch For Use In Controlled Release Pharmaceutical Formulations And Process For Its Manufacture," issued August 19, 2003) related to Anchen's Paragraph IV certification as part of their ANDA to manufacture a generic version of Ryzolt® (controlled-release tramadol hydrochloride, used to treat moderate to moderately severe chronic pain). View the complaint here.
Gilead Sciences, Inc. v. Sigmapharm Laboratories, LLC
2:10-cv-05108; filed September 29, 2010 in the Eastern District of Pennsylvania
Gilead Sciences, Inc. v. Sigmapharm Laboratories, LLC
2:10-cv-04931; filed September 24, 2010 in the District Court of New Jersey
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 6,451,340 ("Nucleotide Analog Compositions," issued September 17, 2002) and 5,663,159 ("Prodrugs of Phosphonates," issued September 2, 1997) following a Paragraph IV certification as part of Sigmapharm's filing of an ANDA to manufacture a generic version of Gilead's Hepsera® (adefovir dipivoxil, used to treat chronic hepatitis B). View the Delaware complaint here.
Novartis Pharmaceuticals Corp. et al. v. Watson Pharmaceuticals, Inc. et al.
2:10-cv-04929; filed September 24, 2010 in the District Court of New Jersey
• Plaintiffs: Novartis Pharmaceuticals Corp.; Novartis Pharma AG; Novartis International Pharmaceuticals Ltd.
• Defendants: Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.; Watson Pharma, Inc.
Infringement of U.S. Patent Nos. 5,246,937 ("Purine Derivatives," issued September 21, 1993) and 5,866,581 ("Penciclovir for the Treatment of Post Therapeutic Neuralgia," issued February 2, 1999) following a Paragraph IV certification as part of Waton's filing of an ANDA to manufacture a generic version of Novartis' Famvir® (famciclovir, used for the treatment of acute herpes zoster (shingles), the treatment or suppression of recurrent genital herpes in immunocompentent patients, the treatment of recurrent herpes labialis (cold sores) in immunocompetent patients, and the treatment of recurrent mucotaneous herpes simplex infections in HIV-infected patients). View the complaint here.
Glaxosmithkline Biologicals, S.A. v. Novartis Vaccines And Diagnostics SRL et al.
1:10-cv-01620; filed September 23, 2010 in the District Court of the District of Columbia
• Plaintiff: Glaxosmithkline Biologicals, S.A.
• Defendants: Novartis Vaccines And Diagnostics SRL; Novartis AG
Review of the decision of the Board of Patent Appeals and Interferences awarding priority of invention to Novartis in the interference between U.S. Patent No. 6,789,419 ("BASB029 Polynucleotide(s) and Polypeptides from Neisseria Meningitidis," issued August 24, 2004) with U.S. Patent Application No. 10/896,778 (same title, filed July 22, 2004), assigned to GSK and U.S. Patent Application No. 11/212,443 ("Menigococcal Antigens," filed August 24, 2005), assigned to Novarits. View the complaint here.
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