By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Alnylam Pharmaceuticals, Inc. et al. V. Tekmira Pharmaceuticals Corp.
1:12-cv-10087; filed January 17, 2012 in the District Court of Massachusetts
• Plaintiffs: Alnylam Pharmaceuticals, Inc.; Isis Pharmaceuticals Inc.
• Defendant: Tekmira Pharmaceuticals Corp.
Infringement of U.S. Patent Nos. 7,695,902 ("Oligoribonucleotides and Ribonucleases for Cleaving RNA," issued April 13, 2010), 6,858,225 ("Lipid-Encapsulated Polyanionic Nucleic Acid," issued February 22, 2005), 6,815,432 ("Methods for Encapsulating Plasmids in Lipid Bilayers," issued November 9, 2004), 6,534,484 (same title, issued March 18, 2003), 6,586,410 ("Lipid-Nucleic Acid Particles Prepared Via Hydrophobic Lipid-Nucleic Acid Complex Intermediate and Use for Gene Transfer," issued July 1, 2003), and 6,858,224 ("Method of Preventing Aggregation of a Lipid: Nucleic Acid Complex," issued February 22, 2005) based on Tekmira's sale and offer to sell in, and importation into, the United States dsRNA formulations comprising SNALP (stable nucleic acid-lipid particles) for use by Bristol-Myers Squibb to use for target validation purposes. View the complaint here.
Pamlab, L.L.C. et al. v. Viva Pharmaceutical, Inc.
2:12-cv-00098; filed January 17, 2012 in the Western District of Washington
• Plaintiffs: Pamlab, L.L.C.; Metabolite Laboratories, Inc.; Breckenridge Pharmaceutical, Inc.
• Defendant: Viva Pharmaceutical, Inc.
Infringement of U.S. Patent No. 6,528,496 ("Compositions Treating, Preventing, or Reducing Elevated Metabolic Levels," issued March 4, 2003) based on Viva's manufacture for sale in the U.S. by Macoven Pharmaceuticals, L.L.C. folic acid products allegedly represented to be substitutable for plaintiffs' Foltx® and/or Folbic® products (vitamin B12, vitamin B6, and folic acid, used to treat hyperhomocysteinemia). View the complaint here.
Fresenius Medical Care Holdings, Inc. v. Nostrum Laboratories, Inc.
1:12-cv-10083; filed January 13, 2012 in the District Court of Massachusetts
Infringement of U.S. Patent No. 6,576,665 ("Encapsulated Calcium Acetate Caplet and a Method for Inhibiting Gastrointestinal Phosphorous Absorption," issued June 10, 2003) following a Paragraph IV certification as part of Nostrum's filing of an ANDA to manufacture a generic version of Fresenius' PhosLo® GelCaps (calcium acetate, used to treat renal failure). View the complaint here.
Merck Frosst Canada & Co. et al. v. Teva Pharmaceuticals USA, Inc.
3:12-cv-00210; filed January 11, 2012 in the District Court of New Jersey
• Plaintiffs: Merck Frosst Canada & Co.; Merck Canada Inc.; Merck Sharp & Dohme Pharmaceuticals
• Defendant: Teva Pharmaceuticals USA, Inc.
Infringement of U.S. Patent No. 8,007,830 ("Granule Formation," issued August 30, 2011) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Merck's Singulair® (montelukast sodium, used to treat asthma and allergic rhinitis). View the complaint here.
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