By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Salk Institute for Biological Studies v. Ferring Pharmaceuticals, Inc et al.
3:10-cv-02649; filed December 22, 2010 in the Southern District of California
• Plaintiff: Salk Institute for Biological Studies
• Defendants: Ferring Pharmaceuticals, Inc; Ferring Research Institute, Inc; Ferring International Center S.A.; Ferring B.V.; Ferring A.B.; Frederick Paulsen, Jr; DOES 1 through 10
Correction of inventorship of U.S. Patent Nos. 5,925,730 ("GnRH Antagonists," issued July 20, 1999) and 6,214,798 ("GnRH Antagonists Being Modified at Positions 5 and 6," issued April 10, 2001) to name Dr. Jean Rivier as sole inventor, and a declaration adjudging that The Salk Institute is the proper assignee of Dr. Rivier's interest in the '730 and '798 Patents. View the complaint here.
Warner Chilcott Co. LLC et al. v. Apotex Inc. et al.
1:10-cv-01111; filed December 17, 2010 in the District Court of Delaware
• Plaintiffs: Warner Chilcott Co. LLC; Hoffmann-La Roche Inc.
• Defendants: Apotex Inc.; Apotex Corp.
Infringement of U.S. Patent No. 7,718,634 ("Method of Treatment Using Bisphosphonic Acid," issued May 18, 2010), licensed to Warner Chilcott, following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Warner Chilcott's Once-a-Month Actonel® (risedronate sodium, used to treat and prevent postmenopausal osteoporosis). View the complaint here.
Galderma Laboratories Inc. et al. v. Lupin Ltd. et al.
1:10-cv-01112; filed December 17, 2010 in the District Court of Delaware
• Plaintiffs: Galderma Laboratories Inc.; Galderma Laboratories L.P.; Supernus Pharmaceuticals Inc.
• Defendants: Lupin Ltd.; Lupin Pharmaceuticals Inc.
Infringement of U.S. Patent No. 7,749,532 ("Once Daily Formulation of Tetracyclines," issued July 6, 2010), licensed to Galderma, following a Paragraph IV certification as part of Lupin'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.
Alza Corp. v. Mylan Pharmaceuticals Inc. et al.
2:10-cv-06572; filed December 17, 2010 in the District Court of Delaware
• Plaintiff: Alza Corp.
• Defendants: Mylan Pharmaceuticals Inc.; Mylan Inc.
Infringement of U.S. Patent No. 5,591,454 ("Method For Lowering Blood Glucose," issued January 7, 1997), licensed to Pfizer, following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Pfizer's Glucotrol XL® (glipizide extended release tablets, used to improve glycemic control in adults with type 2 diabetes mellitus). View the complaint here.
Fred Hutchinson Cancer Research Center et al. v. MMI Genomics, Inc.
2:10-cv-00615; filed December 17, 2010 in the Eastern District of Virginia
• Plaintiffs: Fred Hutchinson Cancer Research Center; Argus Genetics, LLC; Mars, Inc.
• Defendant: MMI Genomics, Inc.
Fred Hutchinson Cancer Research Center et al. v. Biopet Vet Lab, Inc.
2:10-cv-00616; filed December 17, 2010 in the Eastern District of Virginia
• Plaintiffs: Fred Hutchinson Cancer Research Center; Argus Genetics, LLC; Mars, Inc.
• Defendant: Biopet Vet Lab, Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 7,729,863 ("Methods and Materials for Canine Breed Identification," issued June 1, 2010) based on defendants' use, sale, and offers to sell its dog breed identification services (MMI's Canine Heritage XL Breed test product and Biopet's DNA Breed Identification Kit). View the MMI complaint here.
Impax Laboratories, Inc. v. Pfizer Inc. et al.
2:10-cv-06554; filed December 16, 2010 in the District Court of New Jersey
• Plaintiff: Impax Laboratories, Inc.
• Defendants: Pfizer Inc.; Pharmacia & Upjohn Company LLC; Pfizer Health AB
Declaratory judgment of non-infringement of U.S. Patent No. 6,911,217 ("Controlled Release Bead, A Method of Producing the Same and Multiple Unit Formulation Comprising It," issued June 28, 2005) following a Paragraph IV certification as part of Impax's filing of an ANDA to manufacture a generic version of Pfizer's Detrol LA® (extended release tolterodine tartrate, used to treat overactive bladder). View the complaint here.
Hoffman-La Roche, Inc. v. Mutual Pharmaceutical Company, Inc.
2:10-cv-06504; filed December 15, 2010 in the District Court of New Jersey
Infringement of U.S. Patent No. 7,718,634 ("Method of Treatment Using Bisphosphonic Acid," issued May 18, 2010) following a Paragraph IV certification as part of Mutual's filing of an ANDA to manufacture a generic version of Roche's Boniva® (ibandronate sodium, used to treat post-menopausal osteoporosis). View the complaint here.
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