By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Alcon Pharmaceuticals Ltd et al. v. Watson Laboratories Inc. et al.
1:11-cv-00293; filed April 7, 2011 in the District Court of Delaware
• Plaintiffs: Alcon Pharmaceuticals Ltd; Alcon Research Ltd.
• Defendants: Watson Laboratories Inc.; Watson Pharmaceuticals Inc.; Watson Pharma Inc.
Infringement of U.S. Patent No. 6,716,830 ("Ophthalmic Antibiotic Compositions Containing Moxifloxacin," issued April 6, 2004) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Alcon's Vigamox® (moxifloxacin, used to treat bacterial conjunctivitis). View the complaint here.
AstraZeneca Pharmaceuticals LP v. Palmetto Pharmaceuticals LLC
1:11-cv-00294; filed April 7, 2011 in the District Court of Delaware
Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 6,465,516 ("Method of Stimulating Nitric Oxide Synthase," issued October 15, 2002) based on AstraZeneca's manufacture and sale of its Crestor® product (rosuvastatin calcium, used to treat high cholesterol and atherosclerosis). View the complaint here.
Pharmaceutical Technologies LLC v. Eisai Inc. et al.
2:11-cv-00665; filed April 5, 2011 in the District Court of Arizona
• Plaintiff: Pharmaceutical Technologies LLC
• Defendants: Eisai Inc.; Eisai Medical Research Inc.
False marking based on Eisai's inclusion in its Orange Book listing for Aricept® (donepezil hydrochloride, used in the treatment of mild to severe dementia of the Alzheimer's type) of U.S. Patent Nos. 5,985,864 ("Polymorphs Of Donepezil Hydrochloride and Process for Production," issued November 16, 1999) and 6,140,321 (same title, issued October 31, 2000), which were allegedly disclaimed effective on May 25, 2007 and 6,245,911 ("Donepezil Polycrystals and Process for Producing the Same," issued June 12, 2001) and 6,372,760 ("Stabilized Composition Comprising Antidementia Medicament," issued April 16, 2002), which allegedly do not cover Aricept® tablets. View the complaint here.
Shire LLC v. Watson Pharmaceuticals, Inc. et al.
1:11-cv-02340; filed April 5, 2011 in the Southern District of New York
• Plaintiff: Shire LLC
• Defendants: Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.-Florida; Watson Pharma, Inc.; Andrx Corp.; Andrx Pharmaceuticals, L.L.C.
Infringement of U.S. Patent Nos. 6,913,768 ("Sustained Release Delivery of Amphetamine Salts," issued July 5, 2005), RE42,096 (""Oral Pulsed Dose Drug Delivery System," issued February 1, 2011), and RE41,148 (same title, issued February 23, 2010) following a paragraph IV certification as part of Watson's filing of a new ANDA to manufacture a generic version of Shire's Adderall XR® (a combination of dextroamphetamine saccharate, amphetamine aspartate monohydrate, dextroamphetamine sulfate, and amphetamine sulfate, used to treat attention deficit hyperactivity disorder). Also breach of contract and related claims. View the complaint here.
Palmetto Pharmaceuticals LLC v. AstraZeneca Pharmaceuticals LP
2:11-cv-00807; filed April 5, 2011 in the District Court of South Carolina
Infringement of U.S. Patent No. 6,465,516 ("Method of Stimulating Nitric Oxide Synthase," issued October 15, 2002) based on AstraZeneca's manufacture and sale of its Crestor® product (rosuvastatin calcium, used to treat high cholesterol and atherosclerosis). View the complaint here.
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