By Sherri Oslick --
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Takeda Pharmaceutical Co. et al. v. Mylan, Inc. et al.
1:12-cv-00024; filed January 3, 2011 in the Southern District of New York
• Plaintiffs: Takeda Pharmaceutical Co.; Takeda Pharmaceuticals North America, Inc.; Takeda Global Research and Development Center, Inc.; Watson Pharmaceuticals, Inc.; Andrx Labs, LLC
• Defendants: Mylan, Inc.; Mylan Pharmaceuticals, Inc.
Infringement of U.S. Patent Nos. 5,965,584 ("Pharmaceutical Composition," issued October 12, 1999), 6,166,043 (same title, issued December 26, 2000), 6,172,090 (same title, issued January 9, 2001), 6,099,859 ("Controlled Release Oral Tablet Having a Unitary Core," issued August 8, 2000), 6,495,162 (same title, issued December 17, 2002), 6,790,459 ("Methods for Treating Diabetes Via Administration of Controlled Release Metformin," issued September 14, 2004), 6,866,866 ("Controlled Release Metformin Compositions," issued March 15, 2005), 7,785,627 ("Pharmaceutical Formulation Containing a Biguanide and a Thiazolidinedione Derivative," issued August 31, 2010), 7,919,116 ("Controlled Release Metformin Composition," issued April 5, 2011), and 7,959,946 ("Pharmaceutical Formulation Containing a Biguanide and a Thiazolidinedione Derivative," issued June 14, 2011) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Takeda's ACTOplus met® (pioglitazone and metformin, used an adjunct to diet and exercise to improve glycemic control in patients with Type 2 diabetes). View the complaint here.
Allergan, Inc. v. Lupin Ltd. et al.
2:11-cv-00530; filed December 30, 2011 in the Eastern District of Texas
• Plaintiff: Allergan, Inc.
• Defendants: Lupin Ltd.; Lupin Pharmaceuticals, Inc.
Infringement of U.S. Patent No. 8,008,338 (""Ketorolac Tromethamine Compositions for Treating or Preventing Ocular Pain," issued August 30, 2011) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Allergan's Acular LS® (ketorolac tromethamine ophthalmic solution, 0.4%, used for the reduction of ocular pain and burning/stinging following corneal refractive surgery). View the complaint here.
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