By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Medicis Pharmaceutical Corp. v. Nycomed U.S., Inc.
1:11-cv-04962; filed July 19, 2011 in the Southern District of New York
Medicis Pharmaceutical Corp. v. Perrigo Co., Inc.
1:11-cv-04963; filed July 19, 2011 in the Southern District of New York
Medicis Pharmaceutical Corp. v. Taro Pharmaceuticals U.S.A., Inc. et al.
1:11-cv-04965; filed July 19, 2011 in the Southern District of New York
• Plaintiff: Medicis Pharmaceutical Corp.
• Defendants: Taro Pharmaceuticals U.S.A., Inc.; Taro Pharmaceutical Industries, Ltd.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 7,981,909 ("Use of 1-Hydroxy-2-Pyridones for the Treatment of Seborrheic Dermatitis," issued July 19, 2011) based on Nycomed's manufacture and sale of a generic version of Medicis' Loprox® Shampoo (ciclopirox, used for the topical treatment of seborrheic dermatitis of the scalp). View the Nycomed complaint here.
Galderma Laboratories, L.P. et al. v. Tolmar Inc.
3:11-cv-01714; filed July 18, 2011 in the Northern District of Texas
• Plaintiffs: Galderma Laboratories LP; Galderma SA
• Defendant: Tolmar Inc.
Infringement of U.S. Patent No. 7,981,916 ("Solubilizing of Metronidazole," issued July 19, 2011) based on Tolmar's filing of an ANDA to manufacture a generic version of Galderman's MetroGel® (metronidazole gel, used to treat rosacea). View the complaint here.
Eli Lilly and Company et al. v. APP Pharmaceuticals LLC
1:11-cv-00628; filed July 15, 2011 in the District Court of Delaware
• Plaintiffs: Eli Lilly and Company; Trustees of Princeton University
• Defendant: APP Pharmaceuticals LLC
Infringement of U.S. Patent No. 5,344,932 ("N-(pyrrolo(2,3-d)pyrimidin-3-ylacyl)-Glutamic Acid Derivatives," issued September 6, 1994), licensed to Eli Lilly, following a Paragraph IV certification as part of APP's filing of an ANDA to manufacture a generic version of Lilly's Alimta® (pemetrexed for injection, used to treat malignant pleural mesothelioma and locally advanced or metastatic non-small cell lung cancer). View the complaint here.
Eli Lilly and Company v. APP Pharmaceuticals, LLC
1:11-cv-00942; filed July 15, 2011 in the Southern District of Indiana
Infringement of U.S. Patent No. 7,772,209 ("Novel Antifolate Combination Therapies," issued August 10, 2010) following a Paragraph IV certification as part of APP's filing of an ANDA to manufacture a generic version of Lilly's Alimta® (pemetrexed for injection, used to treat malignant pleural mesothelioma and locally advanced or metastatic non-small cell lung cancer). View the complaint here.
Shire LLC et al. v. Actavis Elizabeth LLC et al.
2:11-cv-04053; filed July 14, 2011 in the District Court of New Jersey
• Plaintiffs: Shire LLC; Shire Development Inc.
• Defendants: Actavis Elizabeth LLC; Actavis Inc.
Infringement of U.S. Patent Nos. 7,105,486 ("Abuse-resistant amphetamine compounds," issued September 12, 2006), 7,223,735 ("Abuse resistant lysine amphetamine compounds," issued May 29, 2007), 7,655,630 ("Abuse-resistant amphetamine prodrugs," issued February 2, 2010), 7,659,253 (same title, issued February 9, 2010), 7,659,254 (same title, issued February 9, 2010), 7,662,787 ("Abuse resistant lysine amphetamine compounds," issued February 16, 2010), 7,671,030 ("Abuse-resistant amphetamine prodrugs," issued March 2, 2010), 7,671,031 (same title, issued March 2, 2010), 7,674,774 (same title, issued March 9, 2010), 7,678,770 (same title, issued March 16, 2010), 7,678,771 (same title, issued March 16, 2010), 7,687,466 (same title, issued March 30, 2010), 7,687,467 (same title, issued March 30, 2010), 7,700,561 (same title, issued April 20, 2010), 7,718,619 (same title, issued May 18, 2010), 7,723,305 (same title, issued May 25, 2010) following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Shire's Vyvanse® (lisdexamfetamine dimesylate, used to treat Attention Deficit Hyperactivty Disorder). View the complaint here.
Shire LLC et al. v. Mylan Pharmaceuticals, Inc. et al.
1:11-cv-03414; filed July 14, 2011 in the Eastern District of New York
• Plaintiffs: Shire LLC; Shire Development Inc.
• Defendants: Mylan Pharmaceuticals, Inc.; Mylan Inc.
Infringement of U.S. Patent No. 7,700,561 ("Abuse-resistant amphetamine prodrugs," issued April 20, 2010) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Shire's Vyvanse® (lisdexamfetamine dimesylate, used to treat Attention Deficit Hyperactivty Disorder). View the complaint here.
Tibotec Inc. et al. v. Lupin Ltd. et al.
2:11-cv-04027; filed July 13, 2011 in the District Court of New Jersey
• Plaintiffs: Tibotec Inc.; Tibotec Pharmaceuticals
• Defendants: Lupin Ltd.; Lupin Pharmaceuticals Inc.
Infringement of U.S. Patent No. 7,700,645 ("Pseudopolymorphic Forms of a HIV Protease Inhibitor," issued April 20, 2010) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Tibotec's Prezista® (darunavir, used to treat human immunodeficiency virus (HIV-1) infection). View the complaint here.
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