By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Glycobiosciences, Inc. v. Nycomed US, Inc. et al.
2:11-cv-01280; filed March 17, 2011 in the Eastern District of New York
• Plaintiff: Glycobiosciences, Inc.
• Defendants: Nycomed US, Inc.; Pharmaderm; Jagotec AG
Infringement of U.S. Patent Nos. 5,897,880 ("Topical Drug Preparations," issued April 27, 1999) and 6,723,345 (same title, issued April 20, 2004) based on defendants' manufacture and sale of Solaraze® (diclofenac sodium, used to actinic keratosis). View the complaint here.
Braintree Laboratories, Inc. v. Amrutham, Inc.
2:11-cv-01854; filed March 16, 2011 in the Eastern District of Pennsylvania
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 Amrutham'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.
United States of America et al. v. Teva Pharmaceuticals USA, Inc.
2:11-cv-01461; filed March 15, 2011 in the District Court of New Jersey
• Plaintiffs: United States of America; Board of Trustees of the University of Illinois
• Defendants: Teva Pharmaceuticals USA, Inc.
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 Teva's 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.
Gilead Sciences, Inc. et al. v. Natco Pharma Ltd. et al.
2:11-cv-01455; filed March 15, 2011 in the District Court of New Jersey
• Plaintiffs: Gilead Sciences, Inc.; Hoffmann-La Roche Inc.; F. Hoffmann-La Roche Ltd.; Genentech, Inc.
• Defendants: Natco Pharma Ltd.; Natco Pharma Inc.
Gilead Sciences Inc. et al. v. Natco Pharma Ltd. et al.
1:11-cv-00221; filed March 14, 2011 in the District Court of Delaware
• Plaintiffs: Gilead Sciences Inc.; Hoffmann-La Roche Inc.; F. Hoffmann-La Roche Ltd.; Genentech Inc.
• Defendants: Natco Pharma Ltd.; Natco Pharma Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 5,763,483 ("Carbocyclic Compounds," issued June 9, 1998) following a Paragraph IV certification as part of Natco's filing of an ANDA to manufacture a generic version of Genentech's Tamiflu® (oseltamivir phosphate, used to treat uncomplicated acute illness due to influenza infection in patients one year or older who have been symptomatic for no more than two days and for the prophylaxis of influenza in patients one year or older). View the Delaware complaint here.
Affymetrix, Inc. et al. v. Illumina, Inc.
3:11-cv-00184; filed March 14, 2011 in the Western District of Wisconsin
• Plaintiffs: Affymetrix, Inc.; Gregory L. Kirk
• Defendant: Illumina, Inc.
Correction of inventorship of U.S. Patent Nos. 7,510,841 ("Methods of Making and Using Composite Arrays for the Detection of a Plurality of Target Analytes," issued March 31, 2009) and 7,612,020 ("Composite Arrays Utilizing Microspheres with a Hybridization Chamber," issued November 3, 2009) to name Dr. Gregory L. Kirk as an inventor. View the complaint here.
Endo Pharmaceuticals Inc. v. Mylan Technologies Inc. et al.
1:11-cv-00220; filed March 14, 2011 in the District Court of Delaware
• Plaintiff: Endo Pharmaceuticals Inc.
• Defendants: Mylan Technologies Inc.; Mylan Pharmaceuticals Inc.; Mylan Inc.
Declaration that Mylan's Paragraph IV notice is null, void, and without legal effect and that Mylan's notice did not trigger the 45-day period for filing an infringement action under the Hatch-Waxman Act. Also, infringement of U.S. Patent No. 5,741,510 ("Adhesive Patch for Applying Analgesic Medication to the Skin," issued April 21, 1998), licensed to Endo, following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Endo's Lidoderm® (lidocaine patch, used to treat after-shingles pain). View the complaint here.
Hoffman-La Roche, Inc. et al. v. Kappos
1:11-cv-00516; filed March 10, 2011 in the District Court of the District of Columbia
• Plaintiffs: Hoffman-La Roche, Inc.; Morphosys AG
• Defendant: David J. Kappos
Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 7,794,719 ("Anti-Amyloid β Antibodies," issued September 4, 2010). View the complaint here.
Abbott Laboratories et al. v. Sandoz Inc.
2:11-cv-01415; filed March 10, 2011 in the District Court of New Jersey
• Plaintiffs: Abbott Laboratories; Fournier Laboratories Ireland Ltd.
• Defendant: Sandoz Inc.
Infringement of U.S. Patent No. 7,259,186 ("Salts of Fenofibric Acid and Pharmaceutical Formulations Thereof," issued August 21, 2007) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Abbott's Trilipix® (choline fenofibrate delayedrelease, used to treat increased triglyceride levels). View the complaint here.
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