By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Promote Innovation LLC v. Bristol-Myers Squibb Co.
2:10-cv-00497; filed November 18, 2010 in the Eastern District of Texas
False marking based on BMS' marking of its Cefzil products, its Buspar products, and its Pravachol products U.S. Patent Nos. 4,520,022 ("Substituted Vinyl Cephalosporins, issued May 28, 1985), 5,015,646 ("Pharmaceutically Useful Polymorphic Modification of Buspirone," issued May 14, 1991), 5,030,447 ("Pharmaceutical Compositions Having Good Stability," issued July 9, 1991), and 5,180,589 ("Pravastatin Pharmaceuatical Compositions Having Good Stability," issued January 19, 1993) which are either expired or do not cover the marked product. View the complaint here.
United States of America et al. v. Mylan Pharmaceuticals Inc. et al.
2:10-cv-05956; filed November 17, 2010 in the District Court of New Jersey
• Plaintiffs: United States of America; Board of Trustees of the University of Illinois
• Defendants: Mylan Pharmaceuticals Inc.; Lupin Pharmaceuticals, Inc.; Lupin Ltd.
Infringement of U.S. Patent No. 7,470,506 ("Fitness Assay and Associated Method," issued December 30, 2008), licensed to Tibotec, following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Tibotec's Prezista® (darunavir, used to treat human immunodeficiency virus (HIV-1) infection). View the complaint here.
Tibotec Inc. et al. v. Lupin Ltd. et al.
2:10-cv-05954; filed November 15, 2010 in the District Court of New Jersey
• Plaintiffs: Tibotec Inc.; Tibotec Pharmaceuticals
• Defendants: Lupin Ltd.; Lupin Pharmaceuticals Inc.; Mylan Pharmaceuticals Inc.; Mylan Inc.
Infringement of U.S. Patent No. 7,700,645 ("Pseudopolymorphic Forms of a HIV Protease Inhibitor," issued April 20, 2010) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Tibotec's Prezista® (darunavir, used to treat human immunodeficiency virus (HIV-1) infection). View the complaint here.
AntiCancer, Inc. v. Berthold Technologies U.S.A., LLC et al.
3:10-cv-02343; filed November 15, 2010 in the Southern District of California
• Plaintiff: AntiCancer, Inc.
• Defendants: Berthold Technologies U.S.A., LLC; Berthold Technologies GMBH & Co., KG; DOES 1-100
Infringement of U.S. Patent Nos. 6,759,038 ("Metastasis Models Using Green Fluorescent Protein (GFP) As a Marker," issued July 6, 2004) and 6,649,159 ("Whole-Body Optical Imaging of Gene Expression and Uses Thereof," issued November 18, 2003) based on Berthold's manufacture, use, sale, and offer for sale of its NightOWL image analyzers. View the complaint here.
Hospira, Inc. et al. v. Caraco Pharmaceutical Laboratories, Ltd.
2:10-cv-14514; filed November 12, 2010 in the Eastern District of Michigan
• Plaintiffs: Hospira, Inc.; Orion Corp.
• Defendant: Caraco Pharmaceutical Laboratories, Ltd.
Infringement of U.S. Patent No. 6,716,867 ("Use of Dexmedetomidine for ICU Sedation," issued April 6, 2004) following a Paragraph IV certification as part of Caraco's filing of an ANDA to manufacture a generic version of Hospira's Precedex® (dexmedetomidine hydrochloride injection, used for the sedation of initially intubated and mechanically ventilated patients during treatment in an intensive care setting). View the complaint here.
Comments