By Sherri Oslick

Gavel About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring.

Abbott Laboratories v. ImClone Systems, Inc.
1:07-cv-10216; filed February 5, 2007 in the District
Court of Massachusetts

Infringement of U.S. Patent No. 5,665,578 ("Vector
and Method for Achieving High Level of Expression in Eukaryotic Cells,"
issued September 9, 1997) based on defendant's manufacture and sale of its
Erbitux® (cetuximab, a recombinant human/mouse chimeric monoclonal antibody
to EGFR, used to treat cancer).  View the
complaint here.


Sanofi-Aventis v. Synthon Holdings BV et. al.

1:07-cv-00086; filed February 5, 2007-03-03 in the Middle
District of North Carolina

Infringement of U.S. Patent No. 6,514,531
("Controlled-release Dosage Forms Comprising Zolpidem or a Salt
Thereof," issued February 4, 2003) following a paragraph IV certification
as part of Synthon's filing of an ANDA to manufacture a generic version of
Sanofi-Aventis' Ambien CR® (controlled release zolpidem tartrate, used to
treat insomnia).  View the complaint here.


Teva Pharmacuetical Industries Ltd. et. al. v. Aurobindo
Pharma Ltd. et. al.

2:07-cv-00621; filed February 5, 2007 in the District
Court of New Jersey

Declaratory judgment of validity and infringement of U.S.
Patent No. 6,495,721 ("Sertraline Hydrochloride Form II and Methods for the
Preparation Thereof," issued December 17, 2002), directed to methods of
manufacturing crystalline forms of sertraline hydrochloride (the API in
Pfizer's Zoloft®, used to treat depression) based on defendants' anticipated
sale of generic Zoloft® following final FDA approval of defendants' ANDA (at
the end of Teva's exclusivity period).  View the complaint here.


Teva Pharmaceutical Industries Ltd. et al v. Mutual
Pharmaceutical Co. et. al.

2:07-cv-00514; filed February 6, 2007 in the Eastern
District of Pennsylvania

Declaratory judgment of validity and infringement of U.S.
Patent Nos. 6,600,073 ("Methods for Preparation of Sertraline
Hydrochloride Polymorphs," issued July 29, 2003), 6,500,987
("Sertraline Hydrochloride Polymorphs," issued December 31, 2002),
6,495,721 ("Sertraline Hydrochloride Form II and Methods for the
Preparation Thereof," issued December 17, 2002), and 6,897,340
("Processes for Preparation of Polymorphic Form II of Sertraline
Hydrochloride," issued May 24, 2005), all directed to methods of
manufacturing crystalline forms of sertraline hydrochloride (the API in
Pfizer's Zoloft®, used to treat depression) based on defendant's anticipated
sale of generic Zoloft® following final FDA approval of defendants' ANDA (at
the end of Teva's exclusivity period).  View the complaint here.


Monsanto Co. et. al. v. Parr

4:07-cv-00008; filed February 9, 2007 in the Northern
District of Indiana

Infringement of U.S. Patent Nos. 5,352,605
("Chimeric Genes for Transforming Plant Cells Using Viral Promoters,"
issued October 4, 1994) and RE39,247 ("Glyphosate-tolerant
5-enolpyruvylshikimate-3-phosphate Synthases," issued August 22, 2006)
based on defendant's encouragement of others to clean and plant soybean seed
produced from earlier planted Roundup Ready® soybean seed.  View the complaint here.


Purdue Pharma LP et. al. v. KV Pharmaceuticals Co.

1:07-cv-00077; filed February 12, 2007 in the District
Court of Delaware

Infringement of U.S. Patent Nos. 5,508,042
("Controlled Release Oxycodone Compositions," issued April 16, 1996),
5,549,912 (same title, issued August 27, 1996), and 5,656,295 (same title,
issued August 12, 1997) following a paragraph IV certification as part of KV's
filing of an ANDA to manufacture a generic version of Purdue Pharma's
OxyContin® (controlled release oxycodone hydrochloride, used to treat
pain).  View the complaint here.  As we reported here, Purdue filed suit
against KV and Actavis on the same matter, and in the same court, on January
16.

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