By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Cephalon Inc. et al. v. Mylan Pharmaceuticals Inc. et al.
1:11-cv-01111; filed November 9, 2011 in the District Court of Delaware
• Plaintiffs: Cephalon Inc.; CIMA Labs Inc.
• Defendants: Mylan Pharmaceuticals Inc.; Mylan Inc.
Infringement of U.S. Patent Nos. 6,200,604 ("Sublingual Buccal Effervescent," issued March 13, 2001), 6,974,590 (same title, issued December 13, 2005), 7,862,832 ("Generally Linear Effervescent Oral Fentanyl Dosage Form and Methods of Administering," issued January 4, 2011), and 7,862,833 ("Effervescent Oral Opiate Dosage Forms and Methods of Administering Opioids," issued January 4, 2011) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Cephalon's Fentora® (fentanyl citrate buccal tablets, used to treat breakthrough pain in adult patients with cancer). View the complaint here.
Novartis Pharmaceuticals Corp. et al.v. Watson Laboratories Inc. et al.
1:11-cv-01112; filed November 9, 2011 in the District Court of Delaware
• Plaintiffs: Novartis Pharmaceuticals Corp.; Novartis AG; Novartis Pharma AG; Novartis International Pharmaceutical Ltd.; LTS Lohmann Therapie-Systeme AG
• Defendants: Watson Laboratories Inc.; Watson Pharma Inc.; Watson Pharmaceuticals Inc.
Novartis Pharmaceuticals Corp. et al.v. Actavis South Atlantic LLC et al.
0:11-cv-62371; filed November 4, 2011 in the Southern District of Florida
• Plaintiffs: Novartis Pharmaceuticals Corp.; Novartis AG; Novartis Pharma AG; Novartis International Pharmaceutical Ltd; LTS Lohmann Therapie-Systeme AG
• Defendants: Actavis South Atlantic LLC; Actavis, Inc.
Novartis Pharmaceuticals Corp. et al.v. Actavis South Atlantic LLC et al.
1:11-cv-01077; filed November 3, 2011 in the District Court of Delaware
• Plaintiffs: Novartis Pharmaceuticals Corp.; Novartis AG; Novartis Pharma AG; Novartis International Pharmaceutical Ltd. LTS Lohmann Therapie-Systeme AG
• Defendants: Actavis South Atlantic LLC; Actavis Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 5,602,176 ("Phenyl Carbamate," issued February 11, 1997), 6,316,023 ("TTS Containing an Antioxidant," issued November 13, 2001), and 6,335,031 (same title, issued January 1, 2002) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Novartis' Exelon® Patch (rivastigmine tartrate, used to treat mild to moderate dementia of the Alzheimer's type, and mild to moderate dementia associated with Parkinson's disease). View the Actavis Delaware complaint here.
Abbott Laboratories et al.v. Sandoz Inc.
1:11-cv-01113; filed November 9, 2011 in the District Court of Delaware
• Plaintiffs: Abbott Laboratories; Abbott Respiratory LLC
• Defendant: Sandoz Inc.
Infringement of U.S. Patent Nos. 6,080,428 ("Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued June 27, 2000) and 6,469,035 ("Methods of Pretreating Hyperlipidemic Individuals with a Flush Inhibiting Agent Prior to the Start of Single Daily Dose Nicotinic Acid Therapy to Reduce Flushing Provoked by Nicotinic Acid," issued October 22, 2002) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Abbott's Simcor® (niacin extended release / simvastatin tablets, used to treat hypercholesterolemia). View the complaint here.
Reckitt Benckiser LLC et al.v. Amneal Pharmaceuticals, LLC
3:11-cv-06609; filed November 9, 2011 in the District Court of New Jersey
• Plaintiffs: Reckitt Benckiser LLC; UCB Manufacturing, Inc.
• Defendant: Amneal Pharmaceuticals, LLC
Infringement of U.S. Patent No. 5,980,882 ("Drug-resin Complexes Stabilized by Chelating Agents," issued November 9, 1999) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of Reckitt Benckiser's Delsym® extended release liquid suspension (dextromethorphan polistirex, used to temporarily relieve cough due to minor throat and bronchial irritation). View the complaint here.
Warner Chilcott Co. LLC v. Zydus Pharmaceuticals (USA) Inc. et al.
1:11-cv-01105; filed November 8, 2011 in the District Court of Delaware
• Plaintiff: Warner Chilcott Co. LLC
• Defendants: Zydus Pharmaceuticals (USA) Inc.; Cadila Healthcare Ltd.
Infringement of U.S. Patent No. 6,893,662 ("Pharmaceutical Dosage Form with Multiple Coatings for Reduced Impact of Coating Fractures," issued May 17, 2005) following a Paragraph IV certification as part of Zydus' filing of an ANDA to manufacture a generic version of plaintiffs' Asacol® HD (mesalamine, used to treat ulcerative colitis). View the complaint here.
Galderma Laboratories Inc. et al.v. Amneal Pharmaceuticals LLC et al.
1:11-cv-01106; filed November 8, 2011 in the District Court of Delaware
• Plaintiffs: Galderma Laboratories Inc.; Galderma Laboratories LP; Supernus Pharmaceuticals Inc.
• Defendants: Amneal Pharmaceuticals LLC; Amneal Pharmaceuticals Co (I) Pvt Ltd.
Infringement of U.S. Patent Nos. 7,749,532 ("Once Daily Formulation of Tetracyclines," issued July 6, 2010), 7,232,572 ("Methods of Treating Rosacea," issued June 19, 2007), and 7,211,267 ("Methods of Treating Acne" issued May 1, 2007) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of Galderma's Oracea® (doxycyline delayed release capsules, used to treat inflammatory lesions of rosacea). View the complaint here.
Alkermes Pharma Ireland Ltd. v. Actavis Inc. et al.
1:11-cv-01098; filed November 4, 2011 in the District Court of Delaware
• Plaintiff: Alkermes Pharma Ireland Ltd.
• Defendants: Actavis Inc.; Actavis South Atlantic LLC
Infringement of U.S. Patent Nos. 6,228,398 ("Multiparticulate Modified Release Composition," issued May 8, 2001) and 6,730,325 (same title, issued May 4, 2004), licensed to Novartis, 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.
Celgene Corp. et al.v. Actavis South Atlantic LLC
2:11-cv-06519; filed November 4, 2011 in the District Court of New Jersey
• Plaintiffs: Celgene Corp.; Novartis Pharmaceuticals Corp.; Novartis Pharma AG
• Defendant: 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 Teva's 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.
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