By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Abbott Laboratories et al.v. Sandoz Inc.
1:11-cv-00424; filed May 13, 2011 in the District Court of Delaware
• Plaintiffs: Abbott Laboratories; Wisconsin Alumni Research Foundation
• Defendant: Sandoz Inc.
Infringement of U.S. Patent No. 5,587,497 ("19-nor-Vitamin D Compounds," issued December 24, 1996) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Abbott's Zemplar® (paricalcitol, used to treat secondary hyperparathyroidism in patients with kidney failure). View the complaint here.
Lupin Atlantis Holdings S.A. v. Mylan Inc. et al.
2:11-cv-03129; filed May 12, 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. Mylan Inc. et al.
2:11-cv-00630; filed May 12, 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 Mylan's filing of an ANDA to manufacture a generic version of Lupin's Antara® (fenofibrate, used to treat hypercholesterolemia and hypertriglyceridemia). View the E.D. Penn. complaint here.
Medicis Pharmaceutical Corp. et al.v. Actavis Mid Atlantic LLC
1:11-cv-00409; filed May 11, 2011 in the District Court of Delaware
• Plaintiffs: Medicis Pharmaceutical Corp.; Dow Pharmaceutical Sciences, Inc.; Alyzan, Inc.
• Defendant: Actavis Mid Atlantic LLC
Infringement of U.S. Patent Nos. 6,387,383 ("Topical Low-Viscosity Gel Composition," issued May 14, 2002) and RE41,134 ("Slow Release Vehicles for Minimizing Skin Irritancy of Topical Compositions," issued February 16, 2010) based on Actavis' filing of an ANDA to manufacture a generic version of Medicis' Ziana® (clindamycin phosphate and tretinoin gel, used to treat acne). View the complaint here.
Takeda Pharmaceutical Co. et al.v. Macleods Pharmaceuticals Ltd.
1:11-cv-03109; filed May 6, 2011 in the Southern District of New York
• Plaintiffs: Takeda Pharmaceutical Co.; Takeda Pharmaceuticals North America, Inc.
• Defendant: Macleods Pharmaceuticals Ltd.
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 Macleods 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.
Eli Lilly and Company v. Zydus Pharmaceuticals USA, Inc.
2:11-cv-02582; filed May 5, 2011 in the District Court of New Jersey
Infringement of U.S. Patent No. 5,658,590 ("Treatment of Attention-Deficit/Hyperactivity Disorder," issued August 19, 1997) following a paragraph IV certification as part of Zydus' filing of an ANDA to manufacture a generic version of Lilly's Strattera® (atomoxetine hydrochloride, used to treat attention-deficit/hyperactivity disorder). Also, breach of prior Consent Judgment. View the complaint here.
Schering Corp. v. Sandoz, Inc.
3:11-cv-02589; filed May 4, 2011 in the District Court of New Jersey
Infringement of U.S. Patent Nos. 5,661,151 ("Tetrahydrofuran Antifungals," issued August 26, 1997), 5,703,079 (same title, issued December 30, 1997), and 6,958,337 ("Crystalline Antifungal Polymorph," issued October 25, 2005) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Schering's Noxafil® (posaconazole, used in the prophylaxis of fungal infections in immunocompromised patients, and in the treatment of oropharyngeal candidiasis). View the complaint here.
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