By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Daiichi Sankyo Inc. et al. v. Watson Pharmaceuticals Inc. et al.
1:11-cv-00345; filed April 18, 2011 in the District Court of Delaware
• Plaintiffs: Daiichi Sankyo Inc.; Genzyme Corp.
• Defendants: Watson Pharmaceuticals Inc.; Watson Pharma Inc.; Watson Laboratories Inc. (NV)
Infringement of U.S. Patent Nos. 5,607,669 ("Amine Polymer Sequestrant and Method of Cholesterol Depletion," issued March 4, 1997) and 5,693,675 ("Alkylated Amine Polymers," issued December 2, 1997) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of plaintiffs' Welchol® (colesevelam hydrochloride, used to treat primary hyperlipidemia and type 2 diabetes mellitus). View the complaint here.
Abraxis Bioscience, LLC v. Kappos
1:11-cv-00730; filed April 15, 2011 in the District Court of the District of Columbia
Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 7,820,788 ("Compositions and Methods of Delivery of Pharmacological Agents," issued October 26, 2010). View the complaint here.
Allergan, Inc., et al. v. Sandoz, Inc.
1:11-cv-00298; filed April 15, 2011 in the Middle District of North Carolina
• Plaintiffs: Allergan, Inc.; Duke University
• Defendant: Sandoz, Inc.
Infringement of U.S. Patent Nos. 7,351,404 ("Method of Enhanced Hair Growth," issued April 1, 2008), 7,388,029 ("Compositions and Methods for Treating Hair Loss Using Non-Naturally Occurring Prostaglandins," issued June 17, 2008), and 6,403,649 (""Non-Acidic Cyclopentane Heptanoic Acid,2-Cycloalkyl Or Arylalkyl Derivatives As Therapeutic Agents, issued June 11, 2002) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Allergan's Latisse® (bimatoprost topical solution/drops, 0.03%, used to treat inadequate or not enough eye lashes). View the complaint here.
Celgene Corp. et al. v. Actavis South Atlantic LLC
2:11-cv-02162; filed April 15, 2011 in the District Court of New Jersey
• Plaintiffs: Celgene Corp.; Novartis Pharmaceuticals Corp.; Novartis Pharma AG
• Defendants: Actavis South Atlantic LLC
Infringement of U.S. Patent Nos. 5,908,850 ("Method of Treating Attention Deficit Disorders with d-Threo Methylphenidate," issued June 1, 1999), 6,355,656 ("Phenidate Drug Formulations Having Diminished Abuse Potential," issued March 12, 2002, with a reexamination certificate issued March 27, 2007), 6,528,530 ("Phenidate Drug Formulations Having Diminished Abuse Potential," issued March 4, 2003), 5,837,284 ("Delivery of Multiple Doses of Medications," issued November 17, 1998), 6,635,284 (same title, issued October 21, 2003), and 7,431,944 ("Delivery of Multiple Doses of Medications," issued October 7, 2008) all licensed exclusively to Novartis in certain fields of use, following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Novartis' Focalin XR® (extended release dexmethylphenidate hydrochloride, used to treat attention deficit hyperactivity disorder). View the complaint here.
Abbott Laboratories et al. v. Mathilda and Terence Kennedy Institute of Rheumatology Trust
1:11-cv-02541; filed April 13, 2011 in the Southern District of New York
• Plaintiffs: Abbott Laboratories; Abbott Biotechnology Ltd.
• Defendant: The Mathilda and Terence Kennedy Institute of Rheumatology Trust
Declaratory judgment of invalidity of U.S. Patent No. 7,846,442 ("Methods of Treating Rheumatoid Arthritis with an Anti-TNF-Alpha Antibodies and Methotrexate," issued December 7, 2010) in conjunction with Abbott's manufacture and sale of its Humira® (adalimumab, used to treat rheumatoid arthritis, juvenile idiopathic arthritis, psoriatic arthritis, ankylosing spondylitis, Crohn's disease and plaque psoriasis). View the complaint here.
Human Genome Sciences Inc. v. Genentech Inc. et al.
1:11-cv-00328; filed April 12, 2011 in the District Court of Delaware
• Plaintiff: Human Genome Sciences Inc.
• Defendants: Genentech Inc.; City of Hope
Declaratory judgment of invalidity, unenforceability, and non-infringement of U.S. Patent No. 7,923,221 ("Methods of Making Antibody Heavy and Light Chains Having Specificity for a Desired Antigen," issued April 12, 2011) in conjunction with HGS's manufacture and sale of its Benlysta® (belimumab, under development for the treatment of seropositive patients with systemic lupus erythematosus) product. View the complaint here.
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