By Sherri Oslick —

About Court Report: Each week we will report briefly
on recently filed biotech and pharma patent cases. A few interesting cases will be selected for
periodic monitoring, providing our readers with an opportunity to follow the
progress of these cases.
Celgene Corp. and Novartis Pharmaceutical Corp. et. al.
v. Teva Pharmaceuticals USA Inc. et. al.
3:06-cv-06154; filed December 21, 2006 in the District
Court of New Jersey
Infringement of reexamined U.S. Patent No. 6,355,656
("Phenidate Drug Formulations Having Diminished Abuse Potential,"
issued March 12, 2002; assigned to Celgene and licensed exclusively to
Novartis in certain fields of use) following a paragraph IV certification as
part of Teva's filing of an ANDA to manufacture a generic version of Novartis'
Focalin® (dexmethylphenidate hydrochloride, used to treat attention deficit
hyperactivity disorder). Teva's ANDA had
been stayed based on Celgene/Novartis' filing of related case 3:04-cv-04030
asserting infringement of a related patent; the stay is to expire on January 9,
2007. View the complaint here.
LEK D.D. v. Bristol-Myers Squibb Co. and Watson
Pharmaceuticals, Inc.
2:06-cv-00547; filed December 29, 2006 in the Eastern
District of Texas
Infringement of U.S. Patent Nos. 6,740,775
("Crystalline Sodium Salt of Pravastatin," issued May 25, 2004) and
7,078,558 ("Crystals of the Sodium Salt of Pravastatin," issued July
18, 2006) based on BMS's manufacture and
sale of its Pravachol® (pravastatin sodium, used to reduce cholesterol levels)
and Watson's manufacture and sale of a generic counterpart. View the complaint here.

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