By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Braintree Laboratories, Inc. v. Novel Laboratories, Inc.
3:11-cv-01341; filed March 9, 2011 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,946,149 ("Salt Solution for Colon Cleansing," issued September 20, 2005) following a Paragraph IV certification as part of Novel's filing of an ANDA to manufacture a generic version of Braintree's Suprep® (sodium sulfate, potassium sulfate and magnesium sulfate osmotic laxative, used for bowel cleansing prior to an adult patient having a colonoscopy procedure). View the complaint here.
Nycomed US Inc. v. Graceway Pharmaceuticals, LLC et al.
2:11-cv-01295; filed March 8, 2011 in the District Court of New Jersey
• Plaintiff: Nycomed US Inc.
• Defendants: Graceway Pharmaceuticals, LLC; 3M Innovative Properties Co.
Declaratory judgment of invalidity and non-infringement of U.S. Patent Nos. 7,902,209 ("Method of Preparing a Pharmaceutical Cream and Minimizing Imiquimod Impurity Formation," issued March 8, 2011), 7,902,210 ("Reduction of Imiquimod Impurities at Two Months Using Refined Oleic Acid," issued March 8, 2011), 7,902,211 ("Method of Inducing Interferon Biosynthesis," issued March 8, 2011), 7,902,212 ("X-Fold Less Imiquimod Impurities at Six Months Between Refined and Compendial," issued March 8, 2011), 7,902,213 ("Pharmaceutical Cream with Reduced Imiquimod Impurities at Four Months Using Refined Oleic Acid," issued March 8, 2011), 7,902,214 ("Method of Treating a Mucosal and/or Dermal Associated Condition," issued March 8, 2011), 7,902,215 ("Pharmaceutical Creams with Reduced Imiquimod Impurities," issued March 8, 2011), 7,902,216 ("Pharmaceutical Creams with Refined Oleic Acid," issued March 8, 2011), 7,902,242 ("Method of Stabilizing Imiquimod," issued March 8, 2011), 7,902,243 ("Methods for Improving Imiquimod Availability at Two Months, Four Months and Six Months Between Refined and Compendial,", issued March 8, 2011), 7,902,244 ("Method of Preparing a Pharmaceutical Cream and Minimizing Imiquimod Impurity Formation (At Least Four Months Storage)," issued March 8, 2011), 7,902,245 (""Methods for Reducing Imiquimod Impurities for Two Months, Four Months, and Six Months," issued March 8, 2011), 7,902,246 ("Methods for Controlling Formation of Imiquimod Impurities for Two Months, Four Months, and Six Months," issued March 8, 2011), and 7,696,159 ("Treatment for Basal Cell Carcinoma," issued April 13, 2010) based on Nycomed's filing of an ANDA to manufacture a generic version of Graceway's Aldara® (imiquimod cream, used for the topical treatment actinic keratoses, superficial basal cell carcinoma, and external genital and perianal warts). View the complaint here.
Prometheus Laboratories Inc. v. Roxane Laboratories, Inc.
2:11-cv-01241; filed March 4, 2011 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,284,770 ("Medicaments for the Treatment of Non-Constipated Female Irritable Bowel Syndrome," issued September 4, 2001) following a Paragraph IV certification as part of Roxane's filing of an ANDA to manufacture a generic version of Prometheus' Lotronex® (alosetron hydrochloride, used to treat women with severe diarrhea-predominant irritable bowel syndrome). View the complaint here.
Takeda Pharmaceuticals Co. Ltd. et al. v. Apotex, Inc. et al.
1:11-cv-01514; filed March 4, 2011 in the Southern District of New York
• Plaintiffs: Takeda Pharmaceuticals Co. Ltd.; Takeda Pharmaceuticals North America, Inc.
• Defendants: Apotex, Inc.; Apotex Corp.
Infringement of U.S. Patent Nos. 5,965,584 ("Pharmaceutical Composition," issued October 12, 1999), 6,329,404 (same title, issued December 11, 2001), 6,166,043 (same title, issued December 26, 2000), 6,172,090 (same title, issued January 9, 2001), 6,211,205 (same title, issued April 3, 2001), 6,271,243 (same title, issued August 7, 2001), and 6,303,640 (same title, issued October 16, 2001) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Takeda's Actos® (pioglitazone hydrochloride, used to treat type II diabetes). View the complaint here.
Hoffmann-La Roche Inc. v. Accord Healthcare Inc. et al.
2:11-cv-01192; filed March 2, 2011 in the District Court of New Jersey
• Plaintiff: Hoffmann-La-Roche, Inc.
• Defendants: Accord Healthcare Inc.; Intas Pharmaceutical Ltd.
Infringement of U.S. Patent No. 5,472,949 ("N4-(Substituted-Oxycarbonyl)-5'-Deoxy-5-Fluorocytidine Compounds, Compositions and Methods of Using Same," issued December 5, 1995) following a Paragraph IV certification as part of Accord's filing of an ANDA to manufacture a generic version of Roche's Xeloda® (capecitabine, used to treat breast and colorectal cancer and Dukes' C Stage III colon cancer). View the complaint here.
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