By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Cephalon Inc. et al. v. Breckenridge Pharmaceutical Inc. et al.
1:11-cv-01070; filed November 2, 2011 in the District Court of Delaware
• Plaintiffs: Cephalon Inc.; Cephalon France
• Defendants: Breckenridge Pharmaceutical Inc.; Natco Pharma Ltd.
Infringement of U.S. Patent No. 7,132,570 ("Method for the Production of Crystalline Forms of Optical Enantiomers of Modafinil," issued November 7, 2006) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Cephalon's Nuvigil® (armodafinil, used to improve wakefulness in patients with excessive sleepiness associated with obstructive sleep apnea/hypopnea syndrome, narcolepsy, and shift work sleep disorder). View the complaint here.
Senju Pharmaceutical Co. et al. v. Hi-Tech Pharmacal Co. Inc.
1:11-cv-01059; filed October 31, 2011 in the District Court of Delaware
• Plaintiffs: Senju Pharmaceutical Co.; Kyorin Pharmaceutical Co.; Allergan Inc.
• Defendant: Hi-Tech Pharmacal Co. 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), licensed to Allergan, following a Paragraph IV certification as part of Hi-Tech's filing of an ANDA to manufacture a generic version of Allergan's Zymar® (gatifloxacin ophthalmic solution, used for the treatment of bacterial conjunctivitis). View the complaint here.
Abbott Products, Inc. et al. v. Perrigo Co. et al.
3:11-cv-06357; filed October 31, 2011 in the District Court of New Jersey
• Plaintiffs: Abbott Products, Inc.; Unimed Pharmaceuticals, LLC; Besins Healthcare Inc.
• Defendants: Perrigo Co.; Perrigo Israel Pharmaceuticals Ltd.
Infringement of U.S. Patent No. 6,503,894 ("Pharmaceutical Composition and Method for Treating Hypogonadism," issued January 7, 2003) following a Paragraph IV certification as part of Perrigo's filing of an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic version of Abbott's AndroGel® (testosterone gel, used to treat conditions associated with a deficiency or absence of endogenous testosterone). View the complaint here.
Astrazeneca AB et al. v. Anchen Pharmaceuticals, Inc. et al.
3:11-cv-06348; filed October 28, 2011 in the District Court of New Jersey
• Plaintiffs: Astrazeneca AB; Astrazeneca LP; KBI-E Inc.; Pozen Inc.
• Defendants: Anchen Pharmaceuticals, Inc.; Anchen, Inc.
Infringement of U.S. Patent Nos. 6,369,085 ("Form of S-omeprazole," issued April 9, 2002), 7,411,070 ("same title," issued August 12 ,2008), 7,745,466 (same title, issued June 29, 2010), and 6,926,907 ("Pharmaceutical Compositions for the Coordinated Delivery of NSAIDs," issued August 9, 2005) following a Paragraph IV certification as part of Anchen's filing of an ANDA to manufacture a generic version of AstraZeneca's Vimovo® (naproxen and esomeprazole magnesium, used to relieve the signs and symptoms of osteoarthritis, rheumatoid arthritis, and ankylosing spondylitis, and to decrease the risk of stomach (gastric) ulcers in patients at risk of developing stomach ulcers from treatment with non-steroidal anti-inflammatory drugs (NSAIDs)). View the complaint here.
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