About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Roche Palo
Alto LLC et al. v. Mylan Pharmaceuticals Inc.
1:13-cv-01532;
filed September 4, 2013 in the District Court of Delaware
• Plaintiffs:
Roche Palo Alto LLC; Genentech Inc.
• Defendant:
Mylan Pharmaceuticals Inc.
Roche Palo
Alto LLC et al. v. Watson Laboratories Inc. - Florida
1:13-cv-01533;
filed September 4, 2013 in the District Court of Delaware
• Plaintiffs:
Roche Palo Alto LLC; Genentech Inc.
• Defendant:
Watson Laboratories Inc. – Florida
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 6,083,953 ("2-(2-amino-1,6-dihydro-6-oxo-purin-9-yl)methoxy-1,3-propanediol Derivative," issued July 4, 2000) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Roche's Valcyte® (valganciclovir hydrochloride, used to treat cytomegalovirus retinitis and cytomegalovirus disease). View the complaint here.
Gilead
Sciences, Inc. v. Merck & Co, Inc. et al.
3:13-cv-04057;
filed August 30, 2013 in the Northern District of California
• Plaintiff:
Gilead Sciences, Inc.
• Defendants:
Merck & Co, Inc.; Merck Sharp and Dohme Corp.; Isis Pharmaceuticals,
Inc.
Declaratory judgment of non-infringement and invalidity of U.S. Patent Nos. 7,105,499 ("Nucleoside Derivatives as Inhibitors of RNA-Dependent RNA Viral Polymerase," issued September 12, 2006) and 8,481,712 (same title, issued July 9, 2013) based on Gilead's anticipated marketing and sale of its sofosbuvir product for the treatment of Hepatitis C Virus. View the complaint here.
Takeda
Pharmaceuticals USA Inc. v. Par Pharmaceutical Companies Inc. et al.
1:13-cv-01524;
filed August 30, 2013 in the District Court of Delaware
• Plaintiff:
Takeda Pharmaceuticals USA Inc.
• Defendants:
Par Pharmaceutical Companies Inc.; Par Pharmaceutical Inc.
Infringement of U.S Patent Nos. 7,906,519 ("Methods for Concomitant Administration of Colchicine and a Second Active Agent," issued March 15, 2011), 7,935,731 ("Methods for Concomitant Administration of Colchicine and Macrolide Antibiotics," issued May 11, 2011), 8,093,298 (same title, issued January 10, 2012), 7,964,648 ("Methods for Concomitant Administration of Colchicine and a Second Active Agent," issued June 21, 2011), and 8,093,297 (same title, issued January 10, 2012) following Par's filing of an ANDA to manufacture a generic version of Takeda's Colcrys® (single-ingredient colchicine product, used to treat Familial Mediterranean Fever). View the complaint here.
Genzyme
Corp. et al. v. Dr. Reddy's Laboratories Ltd. et al.
1:13-cv-01506;
filed August 29, 2013 in the District Court of Delaware
• Plaintiffs:
Genzyme Corp.; Sanofi-Aventis U.S. LLC
• Defendants:
Dr. Reddy's Laboratories Ltd.; Dr. Reddy's Laboratories Inc.
Genzyme
Corp. et al. v. Sandoz Inc.
1:13-cv-01507;
filed August 29, 2013 in the District Court of Delaware
• Plaintiffs:
Genzyme Corp.; Sanofi-Aventis U.S. LLC
• Defendant:
Sandoz Inc.
Genzyme
Corp. et al. v. Teva Pharmaceuticals USA Inc.
1:13-cv-01508;
filed August 29, 2013 in the District Court of Delaware
• Plaintiffs:
Genzyme Corp.; Sanofi-Aventis U.S. LLC
• Defendant:
Teva Pharmaceuticals USA Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. RE42,152 ("Aromatic-linked polyamine macrocyclic compounds with anti-HIV activity" issued February 15, 2011), 7,897,590 ("Methods to mobilize progenitor/stem cells" issued March 1, 2011), and 6,987,102 ("Methods to mobilize progenitor/stem cells" issued January 17, 2006) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Genzyme's Mozobil® (plerixafor solution for injection, used in combination with granulocyte-colony stimulating factor to mobilize hematopoietic stem cells to the peripheral blood for collection and subsequent autologous transplantation in patients with non-Hodgkin's lymphoma and multiple myeloma). View the Dr. Reddy's complaint here.
Takeda
Pharmaceutical Co. et al. v. Mylan Pharmaceuticals Inc. et al.
1:13-cv-00197;
filed August 29, 2013 in the Northern District of West Virginia
• Plaintiffs:
Takeda Pharmaceutical Co.; Takeda Pharmaceuticals U.S.A., Inc.;
Takeda Pharmaceuticals America, Inc.
• Defendants:
Mylan Pharmaceuticals Inc.; Mylan Inc.
Infringement of U.S. Patent Nos. U.S. Patent Nos. 6,462,058 ("Benzimidazole Compound Crystal," issued October 8, 2002), 6,664,276 (same title, issued December 16, 2003), 6,939,971 (same title, issued September 6, 2005), 7,285,668 ("Process for the Crystallization of (R)- or (S)-Lansoprazole," issued October 23, 2007), 7,790,755 ("Controlled Release Preparation," issued September 7, 2010), 8,173,158 ("Methods of Treating Gastrointestinal Disorders Independent of the Intake of Food," issued May 8, 2012), and 8,461,187 ("Multiple PPI Dosage Form," issued June 11, 2013) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Takeda's Dexilant® (dexlansoprazole, used for the treatment of all grades of erosive esophagitis, maintaining healing of esophagitis, and treating heartburn associated with symptomatic non-erosive gastroesophageal reflux disease). View the complaint here.
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