By Sherri Oslick —
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Eli Lilly and
Company et al. v. Genentech, Inc. et al.
4:13-cv-00919;
filed February 28, 2013 in the Northern District of California
• Plaintiffs:
Eli Lilly and Company; Imclone Systems LLC
• Defendants:
Genentech, Inc.; City of Hope
Declaratory
judgment of invalidity, unenforceability, and noninfringement of of U.S. Patent
No. 6,331,415 ("Methods of Immunoglobulins, Vectors, and Transformed Host
Cells for Use Therein," issued December 18, 2001) based on Lilly's
manufacture and sale of its Erbitux® product (cetuximab, used for the treatment
of head and neck cancer and colorectral cancer). View the complaint here.
Depomed Inc.
v. Watson Laboratories Inc. – Florida et al.
1:13-cv-00342;
filed February 28, 2013 in the District Court of Delaware
• Plaintiff:
Depomed Inc.
• Defendants:
Watson Laboratories Inc. – Florida; Actavis Inc.; Watson Pharma Inc.
Infringement
of U.S. Patent Nos. 6,488,962 ("Tablet Shapes To Enhance Gastric Retention
of Swellable Controlled-Release Oral Dosage Forms," issued December 3,
2002), 6,723,340 ("Optimal Polymer Mixtures for Gastric Retentive Tablets,"
issued April 20, 2004), 6,635,280 ("Extending the Duration of Drug Release
Within the Stomach During the Fed Mode," issued October 21, 2003), and
6,340,475 ("Extending the Duration of Drug Release Within the Stomach
During the Fed Mode," issued January 22, 2002), following a Paragraph IV
certification as part of Watson's filing of an ANDA to manufacture a generic
version of Depomed's Glumetza® (metformin hydrochloride extended release
tablets, used to improve glycemic control in adults with type 2 diabetes
mellitus). View the complaint here.
Eli Lilly and
Company v. Accord Healthcare Inc., USA
1:13-cv-00335;
filed February 28, 2013 in the Southern District of Indiana
Infringement
of U.S. Patent No. 7,772,209 ("Novel Antifolate Combination Therapies,"
issued August 10, 2010) following a Paragraph IV certification as part of Accord's
filing of an ANDA to manufacture a generic version of Lilly's Alimta®
(pemetrexed for injection, used to treat malignant pleural mesothelioma and
locally advanced or metastatic non-small cell lung cancer). View the complaint here.
Endo
Pharmaceuticals Inc. et al. v. Watson Pharmaceuticals, Inc. et al.
2:13-cv-00192;
filed February 28, 2013 in the Eastern District of Texas
• Plaintiffs:
Endo Pharmaceuticals Inc.; Strakan International S.a r.l.
• Defendants:
Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.; Watson Pharma, Inc.;
Actavis, Inc.
Infringement
of U.S. Patent Nos. 6,319,913 ("Penetration Enhancing and Irritation
Reducing Systems," issued November 20, 2001) and 6,579,865 (same title,
issued June 17, 2003) following a Paragraph IV certification as part of Watson's
filing of an ANDA to manufacture a generic version of Endo's Fortesta® (used
for testosterone replacement therapy in males for conditions associated with a
deficiency or absence of endogenous testosterone). View the complaint here.
Nektar
Therapeutics v. Rae
1:13-cv-00246;
filed February 22, 2013 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. 8,252,275 ("Conjugates Having a
Degradable Linkage and Polymeric Reagents Useful in Preparing Such Conjugates,"
issued August 28, 2012). View the
complaint here.

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