By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Pozen Inc. v. Sun Pharma Global FZE
6:11-cv-00272; filed May 26, 2011 in the Eastern District of Texas
Infringement of U.S. Patent Nos. 6,060,499 ("Anti-migraine Methods and Compositions Using 5-HT Agonists with Long-Acting NSAIDS," issued May 9, 2000) and 6,586,458 ("Methods of Treating Headaches Using 5-HT Agonists in Combination with Long-Acting NSAIDS," issued July 1, 2003), licensed to GlaxoSmithKline, following a Paragraph IV certification as part of Sun's filing of an ANDA to manufacture a generic version of GSK's Treximet® (sumatriptan and naproxen sodium, used to treat migrane attacks). View the complaint here.
Genetic Technologies Ltd. v. Agilent Technologies, Inc. et al.
1:11-cv-01389; filed May 25, 2011 in the District Court of Colorado
• Plaintiff: Genetic Technologies Ltd.
• Defendants: Agilent Technologies, Inc.; Bristol-Myers Squibb Co.; Eurofins STA Laboratories, Inc.; GlaxoSmithKline, PLC; Hologic, Inc.; Merial L.L.C.; Navigenics, Inc.; Neogen Corp.; Pfizer, Inc.; 454 Life Sciences Corp.
Infringement of U.S. Patent No. 5,612,179 ("Intron Sequence Analysis Method for Detection of Adjacent Locus Alleles as Haplotypes," issued March 18, 1997) based on defendants' manufacture and sale of various instruments and/or assays for the analysis of non-coding DNA markers. View the complaint here.
AstraZeneca Pharmaceuticals LP et al. v. Intellipharmceutics Corp.
3:11-cv-02973; filed May 23, 2011 in the District Court of New Jersey
• Plaintiffs: AstraZeneca Pharmaceuticals LP; AstraZeneca UK Ltd.
• Defendant: Intellipharmceutics Corp.
Infringement of U.S. Patent No. 5,948,437 ("Pharmaceutical Compositions Using Thiazepine," issued September 7, 1999) following a Paragraph IV certification as part of Intellipharmceutics' filing of an ANDA to manufacture a generic version of AstraZeneca's Seroquel® XR (quetiapine fumarate, used to treat schizophrenia and bipolar disorder). View the complaint here.
Biota Scientific Management Pty Ltd. v. Kappos
1:11-cv-00944; filed May 20, 2011 in the District Court of the District of Columbia
Reversal of the decision of the Board of Patent Appeals and Interferences affirming the final rejection of U.S. Patent Application No. 08/737,141 ("Compounds and Compositions for Administration Via Oral Inhalation or Insufflation," filed November 19, 1997). View the complaint here.
Genentech, Inc. et al. v. Apotex Inc.
0:11-cv-61169; filed May 19, 2011 in the Southern District of Florida
• Plaintiffs: Genentech, Inc.; Roche Palo Alto LLC
• Defendant: Apotex Inc.
Genentech, Inc. et al. v. Apotex, Inc.
4:11-cv-02410; filed May 17, 2011 in the Northern District of California
• Plaintiffs: Genentech, Inc.; Roche Palo Alto LLC
• Defendant: Apotex, Inc.
The complaints in these cases are substantially identical. 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 Apotex'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 N.D. California complaint here.
Senju Pharmaceutical Co. et al. v. Lupin Ltd. et al.
1:11-cv-00439; filed May 18, 2011 in the District Court of Delaware
• Plaintiffs: Senju Pharmaceutical Co. Ltd.; Kyorin Pharmaceutical Co. Ltd.; Allergan Inc.
• Defendants: Lupin Ltd.; Lupin Pharmaceuticals Inc.
Infringement of U.S. Patent Nos. 6,333,045 ("Aqueous Liquid Pharmaceutical Composition Comprised of Gatifloxacin," issued on December 25, 2001) and 5,880,283 ("8-Alkoxyquinolonecarboxylic Acid Hydrate With Excellent Stability And Process For Producing The Same," issued March 9, 1999.) following a paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of plaintiff's Zymar® (gatifloxacin ophthalmic solution, used for the treatment of bacterial conjunctivitis). View the complaint here.
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