By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Synbias Pharma v. Solux Corp.
3:11-cv-03035; filed December 29, 2011 in the Southern District of California
Declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Patent Nos. 7,485,707 ("Thermally Stable Crystalline Epirubicin Hydrochloride and Method of Making The Same," issued February 3, 2009), 7,388,083 ("Epimerization of 4'-C Bond and Modification of 14-CH3-(CO)-Fragment in Anthracyclin Antibiotics," issued June 17, 2008) and 7,053,191 ("Method of Preparing 4-R-Substituted 4-Demethoxydaunorubicin," issued May 30, 2006) relating to Synbias' manufacture and sale of epirubicin hydrochloride and idarubicin hydrochloride (anthracycline antibiotics, used in cancer chemotherapy). View the complaint here.
Merck Frosst Canada & Co. et al. v. Mylan Pharmaceuticals Inc.
3:11-cv-07569; filed December 29, 2011 in the District Court of New Jersey
• Plaintiffs: Merck Frosst Canada & Co.; Merck Canada Inc.; Merck Sharp & Dohme Pharmaceuticals
• Defendant: Mylan Pharmaceuticals Inc.
Infringement of U.S. Patent No. 8,007,830 ("Granule Formation," issued August 30, 2011) following a Paragraph IV certification as part of Mylan'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.
Fidopharm Inc. v. Merial Ltd.
1:11-cv-01285; filed December 27, 2011 in the District Court of Delaware
Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 6,096,329 ("Insecticidal Combination to Control Mammal Fleas, in Particular Fleas on Cats and Dogs," issued August 1, 2000) based on Plaintiffs' anticipated sale of its new fipronil-based animal health products. View the complaint here.
GlaxoSmithKline Intellectual Property Management Ltd. et al. v. Sandoz Inc.
1:11-cv-01284; filed December 23, 2011 in the District Court of Delaware
• Plaintiffs: GlaxoSmithKline LLC; GlaxoSmithKline Intellectual Property Management Ltd.
• Defendant: Sandoz Inc.
Infringement of U.S. Patent Nos. 6,858,596 ("Formulation Containing Anti-Inflammatory Androstane Derivative," issued February 22, 2005), 7,101,866 ("Anti-Inflammatory Androstane Derivative," issued September 5, 2006), and 7,541,350 (("Formulation Containing Anti-Inflammatory Androstane Derivative," issued June 2, 2009) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of GSK's Veramyst® (fluticasone furoate nasal spray, used to treat allergic rhinitis and perennial nonallergic rhinitis). View the complaint here.
Genentech, Inc. v. Regeneron Pharmaceuticals, Inc. et al.
7:11-cv-09463; filed December 23, 2011 in the Southern District of New York
• Plaintiff: Genentech, Inc.
• Defendants: Regeneron Pharmaceuticals, Inc.; Sanofi-Aventis U.S. LLC; Sanofi-Aventis U.S. Inc.; Sanofi-Aventis Amerique Du Nord S.N.C.; Sanofi
Infringement of U.S. Patent Nos. 6,100,071 ("Receptors as Novel Inhibitors of Vascular Endothelial Growth Factor Activity and Processes for Their Production," issued August 8, 2000), 6,383,486 ("Inhibitors of Vascular Endothelial Growth Factor Activity, Their Uses and Processes for Their Production," issued May 7, 2002), 6,897,294 (same title, issued May 24, 2005), and 7,771,721 ("Methods for Using Chimeric Vascular Endothelial Growth Factor Receptor Proteins," issued August 10, 2010) based on Regeneron's manufacture, use, and intended sale of, and filing of a Biologics License Application for, its Zaltrap® product (aflibercept, used to treat cancer). View the complaint here.
Santarus, Inc. et al. v. Zydus Pharmaceuticals (USA) Inc.
3:11-cv-07441; filed December 21, 2011 in the District Court of New Jersey
• Plaintiffs: Santarus, Inc.; The Curators of the University of Missouri
• Defendant: Zydus Pharmaceuticals (USA) Inc.
Infringement of U.S. Patent Nos. 6,699,885 ("Substituted Benzimidazole Dosage Forms and Methods of Using Same," issued March 2, 2004), 6,489,346 (same title, issued December 3, 2002), 6,645,988 (same title, issue November 11, 2003), and 7,399,772 (same title, issued July 15, 2008) following a Paragraph IV certification as part of Zydus' filing of an ANDA to manufacture a generic version of Santarus' Zegerid® (omeprazole/sodium bicarbonate, used to treat heartburn and other symptoms associated with gastroesophageal reflux disease). View the complaint here.
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