By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Pfizer Inc. et al. v. Lupin Ltd. et al.
1:10-cv-00853; filed October 6, 2010 in the District Court of Delaware
• Plaintiffs: Pfizer Inc.; Warner-Lambert Co. LLC; C.P. Pharmaceuticals International C.V.; Northwestern University
• Defendants: Lupin Ltd.; Lupin Pharmaceuticals Inc.
Infringement of U.S. Patent Nos. 6,197,819 ("Gamma Amino Butyric Acid Analogs and Optical Isomers," issued March 6, 2001), 6,001,876 ("Isobutyl GABA and Its Derivatives for the Treatment of Pain," issued December 14, 1999), and 5,563,175 ("GABA and L-Glutamic Acid Analogs for Antiseizure Treatment," issued October 8, 1996) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Pfizer's Lyrica® (pregabalin, used to treat fibromyalgia). View the complaint here.
Allergan Inc. et al. v. Paddock Laboratories Inc.
1:10-cv-00851; filed October 5, 2010 in the District Court of Delaware
• Plaintiffs: Allergan Inc.; Allergan USA Inc.; Allergan Sales LLC; Endo Pharmaceuticals Solutions Inc.; Supernus Pharmaceuticals Inc.
• Defendant: Paddock Laboratories Inc.
Allergan Inc. et al. v. Watson Pharmaceuticals Inc. et al.
1:10-cv-00852; filed October 5, 2010 in the District Court of Delaware
• Plaintiffs: Allergan Inc.; Allergan USA Inc.; Allergan Sales LLC; Endo Pharmaceuticals Solutions Inc.; Supernus Pharmaceuticals Inc.
• Defendants: Watson Pharmaceuticals Inc.; Watson Laboratories Inc. – Florida; Watson Pharma Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 7,781,448 ("Once Daily Dosage Forms of Trospium," issued August 24, 2010) and 7,781,449 ("Trospium Chloride Treatment Method," issued August 24, 2010) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Allergan's Sanctura XR® (trospium, used to treat overactive bladder). View the Paddock complaint here.
Teva Neuroscience, Inc. et al. v. Mylan Pharmaceuticals, Inc. et al.
1:10-cv-00171; filed October 5, 2010 in the Northern District of West Virginia
• Plaintiffs: Teva Neuroscience, Inc.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.
• Defendants: Mylan Pharmaceuticals, Inc.; Mylan Inc.; Mylan LLC
Teva Neuroscience, Inc. et al. v. Watson Pharma, Inc. et al.
2:10-cv-05078; filed October 1, 1010 in the District Court of New Jersey
• Plaintiffs: Teva Neuroscience, Inc.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceuticals Industries, Ltd.
• Defendants: Watson Pharma, Inc.; Watson Laboratories, Inc.; Watson Pharmaceutical Inc.; Watson Pharma Private Ltd. -Unit IV; Mylan Pharmaceuticals, Inc.; Mylan Inc.; Mylan LLC; Orchid Chemicals & Pharmaceuticals Ltd.; Orchid Healthcare; Orgenus Pharma, Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 5,453,446 ("Use of the R-Enantiomers of N-Propargyl 1-Aminoindan Compounds for Treating Parkinson's Disease," issued September 26, 1995) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Teva's Azilect® (rasagiline mesylate, used to treat idiopathic Parkinson's disease). View the New Jersey complaint here.
Eli Lilly and Company v. Dr. Reddy's Laboratories, Ltd. et al.
1:10-cv-01251; filed October 4, 2010 in the Southern District of Indiana
• Plaintiff: Eli Lilly and Company
• Defendants: Dr. Reddy's Laboratories, Ltd.; Dr. Reddy's Laboratories, Inc.
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 Sun Pharmaceutical'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). Also, declaratory judgment of validity, enforceability, and infringement of the '826 patent. View the complaint here.
AstraZeneca AB v. Kappos
1:10-cv-01676; filed October 1, 2010 in the District Court of the District of Columbia
Review of the decision of the Board of Patent Appeals and Interferences affirming the rejection of all pending claims of U.S. Patent Application No. 10/240,656 ("Use of Fulvestrant in the Treatment of Resisitant Breast Cancer," filed April 4, 2003). View the complaint here.
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