By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Somaxon Pharmaceuticals Inc. et al. v. Par Pharmaceutical Inc. et al.
1:11-cv-00107; filed February 2, 2011 in the District Court of Delaware
• Plaintiffs: Somaxon Pharmaceuticals Inc.; Procom One Inc.
• Defendants: Par Pharmaceutical Inc.; Par Pharmaceutical Companies Inc.
Infringement of U.S. Patent No. 6,211,229 ("Treatment of Transient and Short Term Insomnia," issued April 3, 2001) following Par's filing of an ANDA to manufacture a generic version of Somaxon's Silenor® (doxepin, used to treat insomnia). View the complaint here.
Lupin Atlantis Holdings S.A. et al. v. Paddock Laboratories, Inc. et al.
0:11-cv-00244; filed February 1, 2011 in the District Court of Minnesota
• Plainiffs: Lupin Atlantis Holdings S.A.; Ethypharm S.A.
• Defendants: Paddock Laboratories, Inc.; Cerovene, Inc.
Lupin Atlantis Holdings S.A. et al. v. Paddock Laboratories, Inc. et al.
1:11-cv-00668; filed January 31, 2011 in the Southern District of New York
• Plaintiffs: Lupin Atlantis Holdings S.A.; Ethypharm S.A.
• Defendants: Paddock Laboratories, Inc.; Cerovene, Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 7,101,574 ("Pharmaceutical Composition Containing Fenofibrate and the Preparation Method," issued September 5, 2006) following a Paragraph IV certification as part of Paddock's filing of an ANDA to manufacture a generic version of Lupin's Antara® (fenofibrate, used to treat hypercholesterolemia and hypertriglyceridemia). View the New York complaint here.
Hoffmann-La Roche Inc. v. Mylan Inc. et al.
2:11-cv-00579; filed January 31, 2011 in the District Court of New Jersey
• Plaintiff: Hoffmann-La Roche Inc.
• Defendants: Mylan Inc.; Mylan Pharmaceuticals Inc.; Genpharm ULC; Genpharm, L.P.
Infringement of U.S. Patent No. 7,410,957 ("Method of Treatment Using Bisphosphonic Acid," issued August 12, 2008) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Roche's Boniva® (150 mg once-monthly tablets) (ibandronate sodium, used to treat post-menopausal osteoporosis). View the complaint here.
Syngenta Seeds, Inc. v. Bayer S.A.S.
1:11-cv-00280; filed January 27, 2011 in the District Court of the District of Columbia
Declaratory judgment of invalidity and non-infringement of U.S. Patent Nos. 6,245,968 ("Mutated Hydroxyphenylpyruvate Dioxygenase, DNA Sequence and Isolation of Plants Which Contain Such a Gene and Which Are Tolerant to Herbicides," issued June 12, 2001), 6,268,549 ("DNA Sequence of a Gene of Hydroxy-Phenyl Pyruvate Dioxygenase and Production of Plants Containing a Gene of Hydroxy-Phenyl Pyruvate Dioxygenase and Which Are Tolerant to Certain Herbicides," issued July 31, 2001), and 7,250,561 ("Chimera Gene with Several Herbicide Resistant Genes, Plant Cell and Plant Resistant to Several Herbicides," issued July 31, 2007) based on Syngenta's development of and planned sales of genetically modified crops containing the HPPD gene. View the complaint here.
Novartis Vaccines and Diagnostics Inc. v. MedImmune LLC et al.
1:11-cv-00084; filed January 26, 2011 in the District Court of Delaware
• Plaintiff: Novartis Vaccines and Diagnostics Inc.
• Defendants: MedImmune LLC; Biogen Idec Inc.; Alexion Pharmaceuticals Inc.
Infringement of U.S. Patent No. 5,688,688 ("Vector for Expression of a Polypeptide in a Mammalian Cell," issued November 18, 1997) based on defendants manufacture and sale of their Synagis®, Tysabri®, and Soliris® products. View the complaint here.
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