By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Mutual Pharmaceutical Co. et al. v. West-Ward Pharmaceutical Corp.
3:11-cv-02276; filed April 21, 2011 in the District Court of New Jersey
• Plaintiffs: Mutual Pharmaceutical Co.; AR Scientific, Inc.; AR Holding Co.
• Defendant: West-Ward Pharmaceutical Corp.
Infringement of U.S Patent Nos. 7,619,004 ("Methods for Concomitant Administration of Colchicine and Macrolide Antibiotics," issued November 17, 2009), 7,601,758 ("Methods for Concomitant Administration of Colchicine and Macrolide Antibiotics in the Treatment of Gout Flares," issued October 13, 2009), 7,820,681 ("("Methods for Concomitant Administration of Colchicine and a Second Active Agent," issued October 26, 2010), and 7,915,269 (same title, issued March 29, 2011) following West-Ward's filing of an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic version of Mutual's Colcrys® (single-ingredient colchicine product, used to prevent and treat gout flares). View the complaint here.
Novartis AG et al. v. Teva Pharmaceuticals USA Inc. et al.
1:11-cv-00353; filed April 20, 2011 in the District Court of Delaware
• Plaintiffs: Novartis AG; Novartis Pharmaceuticals Corp.
• Defendants: Teva Pharmaceuticals USA Inc.; Teva Pharmaceutical Industries Ltd.
Infringement of U.S. Patent Nos. 6,025,391 ("Enteric-Coated Pharmaceutical Compositions of Mycophenolate," issued February 15, 2000), 6,172,107 ("Entric-Coated Pharmaceutical Compositions," issued January 9, 2001), and 6,306,900 (same title, issued October 23, 2001) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Novartis' Myfortic® (mycophenolate sodium, used for the prophylaxis or prevention of organ rejection in patients receiving allogeneic renal transplants, administered in combination with cyclosporine and corticosteroids). View the complaint here.
Genentech, Inc. et al. v. Sandoz Inc.
3:11-cv-01925; filed April 20, 2011 in the Northern District of California
• Plaintiffs: Genentech, Inc.; Roche Palo Alto, LLC
• Defendant: Sandoz Inc.
Infringement of U.S. Patent No. 6,083,953 ("2-(2-amino-1,6-dihydro-6-oxo-purin-9-yl)methoxy-1,3-propanediol Derivative," issued July 4, 2000) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Roche's Valcyte® (valganciclovir hydrochloride, used to treat cytomegalovirus retinitis and cytomegalovirus disease). View the complaint here.
Shire LLC et al. v. Mylan Pharmaceuticals Inc. et al.
1:11-cv-00055; filed April 20, 2011 in the Northern District of West Virginia
• Plaintiffs: Shire LLC; Supernus Pharmaceuticals, Inc.
• Defendants: Mylan Pharmaceuticals Inc.; Mylan Inc.
Infringement of U.S. Patent Nos. 6,287,599 ("Sustained Release Pharmaceutical Dosage Forms with Minimized pH Dependent Dissolution Profiles," issued September 11, 2001) and 6,811,794 (same title, issued November 2, 2004) based on Mylan's filing of an ANDA to manufacture a generic version of Shire's Intuniv (guanfacine, used to treat attention-deficit hyperactivity disorder). View the complaint here.
Bayer Schering Pharma AG et al. v. Mylan Pharmaceuticals Inc. et al.
3:11-cv-02225; filed April 19, 2011 in the District Court of New Jersey
• Plaintiffs: Bayer Schering Pharma AG; Bayer Healthcare Pharmaceuticals Inc.
• Defendants: Mylan Pharmaceuticals Inc.; Mylan Inc.; Famy Care Ltd.
Bayer Schering Pharma AG et al. v. Mylan Pharmaceuticals Inc. et al.
2:11-cv-00604; filed April 19, 2011 in the District Court of Nevada
• Plaintiffs: Bayer Schering Pharma AG; Bayer Healthcare Pharmaceuticals Inc.
• Defendants: Mylan Pharmaceuticals Inc.; Mylan Inc.; Famy Care Ltd.
Bayer Schering Pharma AG et al. v. Mylan Pharmaceuticals Inc. et al.
1:11-cv-00053; filed April 19, 2011 in the Northern District of West Virginia
• Plaintiffs: Bayer Schering Pharma AG; Bayer HealthCare Pharmaceuticals, Inc.
• Defendants: Mylan Pharmaceuticals Inc.; Mylan Inc.; Famy Care Ltd.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. RE37,564 ("Composition for Contraception," issued February 26, 2002) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Bayer's Yaz® (drospirenone & ethinyl estradiol, used for oral contraception). View the New Jersey complaint here.
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