By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Hoffmann-La Roche Inc. v. Mylan Inc. et al.
2:11-cv-03276; filed June 7, 2011 in the District Court of New Jersey
• Plaintiff: Hoffmann-La Roche Inc.
• Defendants: Mylan Inc.; Mylan Pharmaceuticals, Inc.
Infringement of U.S. Patent No. 5,472,949 ("N4-(Substituted-Oxycarbonyl)-5'-Deoxy-5-Fluorocytidine Compounds, Compositions and Methods of Using Same," issued December 5, 1995) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Roche's Xeloda® (capecitabine, used to treat breast and colorectal cancer and Dukes' C Stage III colon cancer). View the complaint here.
Cardiovascular Biotherapeutics, Inc v. Phage Biotechnology Corp. et al.
3:11-cv-01215; filed June 3, 2011 in the Southern District of California
• Plaintiff: Cardiovascular Biotherapeutics, Inc.
• Defendants: Phage Biotechnology Corp.; Phage Pharmaceuticals, Inc; Thomas J. Stegmann; Frederick M. Chanson; New Technologies Holding PTE
Infringement of U.S. Patent No. 7,252,818 ("Method of Producing Biologically Active Human Fibroblast Growth Factor and Its Use in Promoting Angiogenesis," issued August 7, 2007) based on defendants developing and seeking FDA approval of a wound healing application of FGF-1. Also, various other claims, including breach of contract, breach of fiduciary duty, and misappropriation of trade secrets. View the complaint here.
Eli Lilly & Co. v. Hetero Drugs Ltd. et al.
2:11-cv-03192; filed June 2, 2011 in the District Court of New Jersey
• Plaintiff: Eli Lilly & Co.
• Defendants: Hetero Drugs Ltd.; Hetero Drugs Ltd., Unit V
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 Hetero's filing of an ANDA to manufacture a generic version of Lilly's Strattera® (atomoxetine hydrochloride, used to treat attention-deficit/hyperactivity disorder). View the complaint here.
Warner Chilcott Co. v. Mylan, Inc. et al.
3:11-cv-03262; filed June 2, 2011 in the District Court of New Jersey
• Plaintiff: Warner Chilcott Co.
• Defendants: Mylan, Inc.; Mylan Phamaceuticals Inc.; Famy Care Ltd.
Infringement of U.S. Patent No. 5,552,394 ("Low Dose Oral Contraceptives with Less Breakthrough Bleeding and Sustained Efficacy," issued September 3, 1996) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Warner Chilcott's Loestrin® 24 Fe (norethindrone acetate and ethinyl estradiol tablets, and ferrous fumarate tablets, used for oral contraception). View the complaint here.
Pfizer Inc. et al. v. Watson Pharmaceuticals, Inc. et al.
1:11-cv-03721; filed June 1, 2011 in the Southern District of New York
• Plaintiffs: Pfizer Inc.; Pfizer Ltd.; Pfizer Ireland Pharmaceuticals
• Defendants: Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.
Infringement of U.S. Patent No. 6,469,012 ("Pyrazolopyrimidinones for the Treatment of Impotence," issued October 22, 2002) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Pfizer's Viagra® (sildenafil citrate, used to treat erectile dysfunction). View the complaint here.
Pfizer, Inc. et al. v. Impax Laboratories, Inc.
2:11-cv-03130; filed May 31, 2011 in the District Court of New Jersey
• Plaintiffs: Pfizer, Inc.; Pharmacia & Upjohn Co.; Pfizer Health AB
• Defendant: Impax Laboratories, Inc.
Infringement of U.S. Patent No. 5,382,600 ("3,3-Diphenylpropylamines and Pharmaceutical Compositions Thereof, issued January 17, 1995) following a Paragraph IV certification as part of Impax's filing of an ANDA to manufacture a generic version of Pfizer's Detrol LA® (extended release tolterodine tartrate, used to treat overactive bladder). View the complaint here.
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