By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Purdue Pharma L.P. et al. v. Watson Laboratories, Inc. – Florida
0:11-cv-60643; filed March 24, 2011 in the Southern District of Florida
• Plaintiffs: Purdue Pharma L.P.; The P.F. Laboratories, Inc.; Purdue Pharmaceuticals, L.P.; Rhodes Technologies; Board of Regents of the University of Texas System; Grunenthal GMBH
• Defendant: Watson Laboratories, Inc. – Florida
Infringement of U.S. Patent Nos. 6,488,963 ("Hot-Melt Extrudable Pharmaceutical Formulation," issued December 3, 2002), 7,674,799 ("Oxycodone Hydrochloride Having Less Than 25 PPM 14-Hydroxycodeinone," issued March 9, 2010), 7,674,800 (same title, issued March 9, 2010), 7,683,072 (same title, issued March 23, 2010), and 7,776,314 ("Abuse-Proofed Dosage System," issued August 17, 2010) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone hydrochloride, used to treat pain). View the complaint here.
Par Pharmaceutical, Inc. v. UCB, Inc. et al.
2:11-cv-02010; filed March 23, 2011 in the Eastern District of Pennsylvania
• Plaintiff: Par Pharmaceutical, Inc.
• Defendants: UCB, Inc.; UCB Pharma S.A.
Declaratory judgment of invalidity and noninfringement of U.S. Patent Nos. 7,858,122 ("Extended Release Formulation of Levetiracetam," issued December 29, 2010) and 7,863,316 (same title, issued January 4, 2011) based on Par's filing of an ANDA to manufacture a generic version of UCB's Keppra XR® (levetiracetam, used to treat epilepsy). View the complaint here.
Takeda Pharmaceutical Co. et al. v. Apotex, Inc. et al.
0:11-cv-60609; filed March 22, 2011 in the Southern District of Florida
• Plaintiffs: Takeda Pharmaceutical Co.; 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.
Warner Chilcott Co. et al. v. Mylan Pharmaceuticals Inc.
1:11-cv-00236; filed March 21, 2011 in the District Court of Delaware
• Plaintiffs: Warner Chilcott Co.; Hoffmann-La Roche Inc.
• Defendant: Mylan Pharmaceuticals Inc.
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 Mylan'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.
Abbott Laboratories et al. v. Teva Pharmaceutical Industries Ltd. et al.
1:11-cv-00239; filed March 21, 2011 in the District Court of Delaware
• Plaintiffs: Abbott Laboratories; Abbott Respiratory LLC
• Defendants: Teva Pharmaceutical Industries Ltd.; Teva Pharmaceuticals USA Inc.
Infringement of U.S. Patent Nos. 6,129,930 ("Methods and Sustained Release Nicotinic Acid Compositions for Treating Hyperlipidemia at Night," issued October 10, 2000), 6,406,715 ("Intermediate Release Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique Urinary Metabolite Profiles," issued June 18, 2002), 6,676,967 ("Methods for Reducing Flushing in Individuals Being Treated with Nicotinic Acid for Hyperlipidemia," issued January 13, 2004), 6,746,691 ("Intermediate Release Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique Biopharmaceutical Characteristics," issued June 8, 2004), 7,011,848 ("Hydrophobic Component Free Sustained Release Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued March 14, 2006), 6,818,229 ("Intermediate Release Nicotinic Acid Compositions for Treating Hyperlipidemia," issued November 16, 2004), 6,080,428 ("Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued June 27, 2000), and 6,469,035 ("Methods of Pretreating Hyperlipidemic Individuals with a Flush Inhibiting Agent Prior to the Start of Single Daily Dose Nicotinic Acid Therapy to Reduce Flushing Provoked by Nicotinic Acid," issued October 22, 2002) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Abbott's Simcor® (niacin extended release / simvastatin tablets, used to treat hypercholesterolemia). View the complaint here.
Lupin Atlantis Holdings SA v. Apotex Inc. et al.
1:11-cv-00234; filed March 18, 2011 in the District Court of Delaware
• Plaintiff: Lupin Atlantis Holdings SA
• Defendants: Apotex Inc.; Apotex Corp.; Ethypharm SA
Lupin Atlantis Holdings S.A. v. Mylan Inc. et al.
2:11-cv-01930; filed March 18, 2011 in the Eastern District of Pennsylvania
• Plaintiff: Lupin Atlantis Holdings S.A.
• Defendants: Mylan Inc.; Mylan Pharmaceuticals, Inc.; Ethypharm S.A.
Lupin Atlantis Holdings S.A. v. Apotex Inc. et al.
2:11-cv-01931; filed March 18, 2011 in the Eastern District of Pennsylvania
• Plaintiff: Lupin Atlantis Holdings S.A.
• Defendants: Apotex Inc.; Apotex Corp.; Ethypharm S.A.
Lupin Atlantis Holdings S.A. v. Mylan, Inc. et al.
2:11-cv-00358; filed March 18, 2011 in the Western District of Pennsylvania
• Plaintiff: Lupin Atlantis Holdings S.A.
• Defendants: Mylan Inc.; Mylan Pharmaceuticals, Inc.; Ethypharm S.A.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 7,101,574 ("Pharmaceutical Composition Containing Fenofibrate and the Preparation Method," issued September 5, 2006) and 7,863,331 ("Pharmaceutical Composition Containing Fenofibrate and Method for the Preparation Thereof," issued January 4, 2011) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Lupin's Antara® (fenofibrate, used to treat hypercholesterolemia and hypertriglyceridemia). View the Delaware Lupin complaint here.
Tibotec Inc. et al. v. Teva Pharmaceuticals USA, Inc. et al.
2:11-cv-01509; filed March 16, 2011 in the District Court of New Jersey
• Plaintiffs: Tibotec Inc.; Tibotec Pharmaceuticals; G.D. Searle, LLC
• Defendants: Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries, Ltd.
Infringement of U.S. Patent Nos. 5,843,946 ("α- and β-Amino Acid Hydroxyethylamino Sulfonamides Useful as Retroviral Protease Inhibitors," issued December 1, 1998) and 7,700,645 ("Pseudopolymorphic Forms of a HIV Protease Inhibitor," issued April 20, 2010) 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.
Nycomed US Inc. v. Glycobiosciences Inc.
2:11-cv-01539; filed March 11, 2011 in the District Court of New Jersey
Declaratory judgment of noninfringement of U.S. Patent No. 5,897,880 ("Topical Drug Preparations," issued April 27, 1999) based on Nycomed's manufacture and sale of Solaraze® (diclofenac sodium, used to actinic keratosis). View the complaint here.
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