By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
GlaxoSmithKline LLC v. Anchen Pharmaceuticals Inc. et al.
1:11-cv-00046; filed January 12, 2011 in the District Court of Delaware
• Plaintiff: GlaxoSmithKline LLC
• Defendants: Anchen Pharmaceuticals Inc.; Anchen Inc.; Banner Pharmacaps Inc.
Infringement of U.S. Patent Nos. 5,565,467 ("Androstenone Derivative," issued October 15, 1996), 5,846,976 (same title, issued December 8, 1998), and 5,998,427 ("Androstenones," issued December 7, 1999) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of GSK's Avodart® (dutasteride, used to treat symptomatic benign prostatic hyperplasia (BPH) in men with an enlarged prostate) and GSK's Jalyn® (dutasteride and tamsulosin hydrochloride, used to treat symptomatic benign prostatic hyperplasia (BPH) in men with an enlarged prostate). View the complaint here.
Aventis Pharma S.A. et al. v. Sandoz Inc.
1:11-cv-00043; filed January 12, 2011 in the District Court of Delaware
• Plaintiffs: Aventis Pharma S.A.; Sanofi-Aventis U.S. LLC
• Defendant: Sandoz Inc.
Infringement of U.S. Patent Nos. 5,714,512 ("Compositions Containing Taxane Derivatives," issued February 3, 1998) and 5,750,561 (same title, issued May 12, 1998) following a Paragraph IV certification as part of Sandoz’s filing of an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic version of Aventis' Taxotere® (docetaxel, used to treat breast, lung, prostate, gastric, and head and neck cancers). View the complaint here.
Shire Canada Inc. et al. v. Alkem Laboratories, Ltd.
1:11-cv-00206; filed January 12, 2011 in the Northern District of Illinois
• Plaintiffs: Shire Canada Inc.; Shire International Licensing B.V.; Shire US Inc.
• Defendant: Alkem Laboratories, Ltd.
Shire Canada Inc. et al. v. Alkem Laboratories, Ltd.
1:11-cv-00233; filed January 11, 2011 in the Southern District of New York
• Plaintiffs: Shire Canada Inc.; Shire International Licensing B.V.; Shire US Inc.
• Defendant: Alkem Laboratories, Ltd.
The complaint in these cases are substantially identical. Infringement of U.S. Patent Nos. 5,968,976 ("Pharmaceutical Composition Containing Selected Lanthanum Carbonate Hydrates," issued October 19, 1999) and 7,465,465 ("Pharmaceutical Formulation Comprising Lanthanum Compounds," issued December 16, 2008) following a Paragraph IV certification as part of Alkem’s filing of an ANDA to manufacture a generic version of Shire's Fosrenol® (lanthanum carbonate chewable tablets, used for the reduction of serum phosphate in patients with end stage renal disease). View the New York complaint here.
Bayer Schering Pharma AG et al. v. Sun Pharmaceutical Industries Ltd. et al.
3:11-cv-00199; filed January 12, 2011 in the District Court of New Jersey
• Plaintiffs: Bayer Schering Pharma AG and Bayer Healthcare Pharmaceuticals Inc.
• Defendants: SUN Pharmaceutical Industries Ltd.; Sun Pharma Global FZE; Sun Pharma Global; Sun Pharmaceutical Industries, Inc.
Bayer Schering Pharma AG et al. v. Sun Pharmaceutical Industries, Inc. et al.
2:11-cv-00054; filed January 12, 2011 in the District Court of Nevada
• Plaintiffs: Bayer Schering Pharma AG; Bayer Healthcare Pharmaceuticals Inc.
• Defendants: Sun Pharmaceutical Industries, Inc.; Sun Pharmaceutical Industries Ltd.; Sun Pharma Global; Sun Pharma Global FZE
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. RE37,564 ("Composition for Contraception," issued February 26, 2002), RE37,838 (same title, issued September 10, 2002) and RE37,253 (same title, issued September 16, 2003) following a Paragraph IV certification as part of Sun’s filing of an ANDA to manufacture a generic version of Bayer's Yaz® (drospirenone & ethinyl estradiol, used for oral contraception). View the New Jersey complaint here.
Allergan Inc. et al. v. Sandoz Inc.
1:11-cv-00042; filed January 11, 2011 in the District Court of Delaware
• Plaintiffs: Allergan Inc.; Allergan USA Inc.; Allergan Sales LLC; Endo Pharmaceuticals Solutions Inc.; Supernus Pharmaceuticals Inc.
• Defendant: Sandoz Inc.
Infringement of U.S. Patent Nos. 7,759,359 ("Method of Treating Bladder Dysfunction with Once-a-Day Trospium Salt Formulation," issued July 20, 2010), 7,763,635 ("Once Daily Dosage Forms of Trospium," issued July 27, 2010), 7,781,448 (same title, issued August 24, 2010) and 7,781,449 ("Trospium Chloride Treatment Method," issued August 24, 2010) following a Paragraph IV certification as part of Sandoz’s filing of an ANDA to manufacture a generic version of Allergan's Sanctura XR® (trospium, used to treat overactive bladder). View the complaint here.
Troll Busters, LLC v. Roche Diagnostics GMBH et al.
3:11-cv-00056; filed January 10, 2011 in the Southern District of California
• Plaintiff: Troll Busters, LLC
• Defendants: Roche Molecular Systems; Roche Applied Sciences; Eurogentec North America Inc.; Clontech Laboratories Inc.; Integrated DNA Technologies; Life Technologies Corp.; Qiagen NV; Thermo Fisher Scientific, Inc.; Quanta Biosciences, Inc.; Gene Link, Inc.; GenScript USA Inc.; EMD Chemicals Inc.; TriLink BioTechnologies, Inc.; Cephied; Roche Diagnostics GMBH
False marking based on Defendants’ marking of various Taq products and probes to practice polymerase chain reaction with one or more of fifteen different patents that have expired. View the complaint here.
Apotex Inc. v. Forest Laboratories, Inc. et al.
2:11-cv-10129; filed January 10, 2011 in the Eastern District of Michigan
• Plaintiff: Apotex Inc.
• Defendants: Forest Laboratories, Inc.; Forest Laboratories Holdings, Ltd.; H. Lundbeck A/S
Declaratory judgment of non-infringement of U.S. Patent Nos. 6,916,941 ("Crystalline Composition Containing Escitalopram," issued July 12, 2005) and 7,420,069 (same title, issued September 2, 2008) in conjunction with Apotex’s filing of an ANDA seeking approval to manufacture and sell a generic version of Forest's Lexapro® (escitalopram oxalate, used to treat depression and generalized anxiety disorder). View the complaint here.
Pfizer Inc. et al. v. Novel Laboratories Inc.
1:11-cv-00027; filed January 7, 2011 in the District Court of Delaware
• Plaintiffs: Pfizer Inc.; Warner-Lambert Co. LLC; CP Pharmaceuticals International CV; Northwestern University
• Defendant: Novel Laboratories Inc.
Infringement of U.S. Patent Nos. 6,197,819 ("Gamma Amino Butyric Acid Analogs and Optical Isomers," issued March 6, 2001), 5,563,175 ("GABA and L-Glutamic Acid Analogs for Antiseizure Treatment," issued October 8, 1996), and RE41,920 ("IsobutylGABA and Its Derivatives for the Treatment of Pain," issued November 9, 2010) following a Paragraph IV certification as part of Novel’s filing of an ANDA to manufacture a generic version of Pfizer's Lyrica® (pregabalin, used to treat fibromyalgia). View the complaint here.
Pfizer Inc. et al. v. Sandoz Inc.
1:11-cv-00023; filed January 6, 2011 in the District Court of Delaware
• Plaintiffs: Pfizer Inc.; Pfizer Ltd.; Pfizer Ireland Pharmaceuticals; CP Pharmaceuticals International CV
• Defendant: Sandoz Inc.
Infringement of U.S. Patent Nos. 6,632,803 ("Pharmaceutical Formulations Containing Voriconazole," issued October 14, 2003) and 5,364,938 ("Triazole Antifungal Agents," issued November 15, 1994) following a Paragraph IV certification as part of Sandoz’s filing of an ANDA to manufacture a generic version of Pfizer’s VFEND® (voriconazole, used to treat serious fungal infections). View the complaint here.
Comments