By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Medicines Co. v. Sun Pharma Global FZE et al.
2:11-cv-15175; filed November 23, 2011 in the Eastern District of Michigan
• Plaintiff: Medicines Co.
• Defendants: Sun Pharma Global FZE; Sun Pharmaceutical Industries Ltd.; Sun Pharmaceutical Industries Inc.; Caraco Pharmaceutical Laboratories, Ltd.
Medicines Co. v. Sun Pharma Global FZE et al.
3:11-cv-06819; filed November 19, 2011 in the District Court of New Jersey
• Plaintiff: Medicines Co.
• Defendants: Sun Pharma Global FZE; Sun Pharmaceutical Industries Ltd.; Sun Pharmaceutical Industries Inc.; Caraco Pharmaceutical Laboratories, Ltd.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 7,582,727 ("Pharmaceutical Formulations of Bivalirudin and Process of Making the Same," issued September 1, 2009) and 7,598,343 (same title, issued October 6, 2009) following a Paragraph IV certification as part of Sun's filing of an ANDA to manufacture a generic version of The Medicines Company's Angiomax® (bivalirudin, used as an anticoagulant in patients with unstable angina undergoing percutaneous translurninal coronary angioplasty). View the New Jersey complaint here.
Warner Chilcott Co. LLC v. Mylan Inc. et al.
3:11-cv-06844; filed November 22, 2011 in the District Court of New Jersey
• Plaintiff: Warner Chilcott Co.
• Defendants: Mylan Inc.; Mylan Pharmaceuticals Inc.; Famy Care Ltd.
Infringement of U.S. Patent No. 6,667,050 ("Chewable Oral Contraceptive, " issued December 23, 2003) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Warner Chilcott's GeneressTM Fe (norethindrone and ethinyl estradiol, used for oral contraception). View the complaint here.
Cephalon Inc. et al. v. Impax Laboratories Inc.
1:11-cv-01152; filed November 18, 2011 in the District Court of Delaware
• Plaintiffs: Cephalon Inc.; CIMA Labs Inc.
• Defendant: Impax Laboratories 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 Impax'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.
Yeda Research and Development Co., Ltd. v. Kappos
1:11-cv-01272; filed November 18, 2011 in the Eastern District of Virginia
Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 7,947,672 ("Water-Soluble Anionic Bacteriochlorophyll Derivatives and Their Uses," issued May 24, 2011). View the complaint here.
Takeda Pharmaceutical Co. et al. v. Hetero Drugs Ltd. et al.
1:11-cv-08302; filed November 16, 2011 in the Southern District of New York
• Plaintiffs: Takeda Pharmaceutical Co.; Takeda Pharmaceuticals North America, Inc.
• Defendants: Hetero Drugs Ltd.; Hetero Labs Ltd. Unit V; Hetero USA Inc.; Camber Pharmaceuticals Inc.; Invagen Pharmaceuticals Inc.
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 Hetero's 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.
Aventis Pharma S.A. et al. v. Strides Inc. et al.
1:11-cv-01121; filed November 14, 2011 in the District Court of Delaware
• Plaintiffs: Aventis Pharma S.A.; Sanofi-Aventis US LLC
• Defendants: Strides Inc.; Onco Therapies Ltd.
Infringement of U.S. Patent Nos. 5,714,512 ("Compositions Containing Taxane Derivatives," issued February 3, 1998) and 5,750,561 (same title, issued May 12, 1998) following a Paragraph IV certification as part of Strides' filing of an ANDA to manufacture a generic version of Aventis' Taxotere® (docetaxel, used to treat breast, lung, prostate, gastric, and head and neck cancers). View the complaint here.
Alkermes Pharma Ireland Ltd. v. Par Pharmaceutical Inc.
1:11-cv-01119; filed November 11, 2011 in the District Court of Delaware
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 Par'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.
Allergan, Inc. v. Lupin Ltd. et al.
6:11-cv-00611; filed November 11, 2011 in the Eastern District of Texas
• Plaintiff: Allergan, Inc.
• Defendants: Lupin Ltd.; Lupin Pharmaceuticals, Inc.
Infringement of U.S. Patent No. 7,851,504 ("Enhanced Bimatoprost Ophthalmic Solution," issued December 14, 2010) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Allergan's Lumigan® (0.03% bimatoprost ophthalmic solution, used to treat lower intraocular eye pressure in people with open-angle glaucoma or ocular hypertension). View the complaint here.
Celgene Corp. et al. v. Par Pharmaceutical, Inc.
2:11-cv-06640; filed November 10, 2011 in the District Court of New Jersey
• Plaintiffs: Celgene Corp.; Novartis Pharmaceuticals Corp.; Novartis Pharma AG
• Defendant: Par Pharmaceutical, Inc.
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 Par'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.
Novartis Pharmaceuticals Corp. et al. v. Watson Laboratories, Inc. et al.
1:11-cv-08130; filed November 10, 2011 in the Southern District of New York
• 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.
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 Waton's 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 complaint here.
Purdue Pharma L.P. et al. v. Amneal Pharmaceuticals, LLC
1:11-cv-08153; filed November 10, 2011 in the Southern District of New York
• Plaintiffs: Purdue Pharma L.P.; The P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Rhodes Technologies; Grunenthal GMBH
• Defendant: Amneal Pharmaceuticals, LLC
Infringement of U.S. Patent Nos. 7,674,799 ("Oxycodone Hydrochloride Having Less Than 25 PPM 14-Hydroxycodeinone," issued March 9, 2010), 7,674,800 (same title, issued March 9, 2010), 7,683,072 (same title, issued March 23, 2010), and 7,776,314 ("Abuse-Proofed Dosage System," issued August 17, 2010) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone hydrochloride, used to treat pain). View the complaint here.
Kindly be advised that the litigation case Allergan, Inc. v. Lupin Ltd. et al.
6:11-cv-00611; filed November 11, 2011 in the Eastern District of Texas w.r.t Infringement of U.S. Patent No. 7,851,504 ("Enhanced Bimatoprost Ophthalmic Solution," issued December 14, 2010) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Allergan's Lumigan® (0.03% bimatoprost ophthalmic solution)is not against the 0.03% strength but against the LUMIGAN (BIMATOPROST SOLUTION/DROPS; OPHTHALMIC 0.01%). Refer the PDF attachment.
Posted by: Kuldeep Sharma | December 12, 2011 at 06:12 AM
Yes, indeed that is correct. Thank you for catching that inadvertent error on our part.
Posted by: Sherri O. | December 19, 2011 at 07:24 PM