By Sherri Oslick —
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.
Oklahoma Medical Research Foundation v. Alexion
Pharmaceuticals, Inc.
4:07-cv-00163; filed March 15, 2007 in the Northern
District of Oklahoma
Infringement of U.S. Patent No. 5,635,178
("Inhibition of Complement Mediated Inflammatory Response Using Monoclonal
Antibodies Specific for a Component Forming the C56-9 Complex Which Inhibit the
Platelet or Endothelial Cell Activating Function of the C56-9 Complex,"
issued June 3, 1997) based on Alexion's manufacture, use, sale, and offer for
sale of Soliris® (eculizumab, used to treat paroxysmal nocturnal
hemoglobinuria (PNH)). View the
complaint here.
Codon Devices Inc. et. al. v. Blue Heron Biotechnology
Inc.
1:07-cv-00148; filed March 14, 2007 in the District Court
of Delaware
Infringement of U.S. Patent Nos. 5,459,039 ("Methods
for Mapping Genetic Mutations," issued October 17, 1995), 5,556,750
("Methods and Kits for Fractionating a Population of DNA Molecules Based
on the Presence or Absence of a Base-Pair Mismatch Utilizing Mismatch Repair
Systems," issued September 17, 1996), 5,679,522 ("Methods of Analysis
and Manipulation of DNA Utilizing Mismatch Repair Systems," issued October
21, 1997), 5,702,894 (same title, issued December 30, 1997), and 5,750,335
("Screening for Genetic Variation," issued May 12, 1998) based on
Blue Heron's manufacture and use of GeneMaker®, a gene synthesis
platform. View the complaint here.
Wyeth v. Lupin Ltd. et. al.
1:07-cv-00632; filed March 12, 2007 in the District Court
of Maryland
Infringement of U.S. Patent Nos. 6,274,171
("Extended release formulation of venlafaxine hydrochloride," issued
August 14, 2001), 6,403,120 (same title, issued June 11, 2002), and 6,419,958 (same
title, issued July 16, 2002) following a paragraph IV certification as part of
Lupin's filing of an ANDA to manufacture a generic version of Wyeth's EFFEXOR
XR® (venlafaxine hydrochloride, extended release, used to treat
depression). View the complaint here.
DUSA Pharmaceuticals, Inc. et. al. v. Verebelyi et. al.
1:07-cv-00486; filed March 12, 2007 in the District Court
of Colorado
Infringement of U.S. Patent Nos. 6,710,066
("Photochemotherapeutic Method Using 5-aminolevulinic acid and Other
Precursors of Endogenous Porphyrins," issued March 23, 2004) and 5,955,490
(same title, issued September 21, 1999) based on Dr. Verebelyi's treatment of
patients with actinic keratosis using drug products containing aminolevulinic
acid (the active ingredient in Dusa's Levulan®). View the complaint here.
Purdue Neuroscience Co. v. Newron Pharmaceuticals, S.p.a.
1:07-cv-00487; filed March 12, 2007 in the District Court
of the District of Columbia
Review of the decision of the Board of Patent Appeals and
Interferences awarding priority of invention to Newron in the interference
between U.S. Patent Application 10/429,764, a reissue application based on U.S. Patent No. 6,479,484 ("Substituted 2-Aminoacetamides and the Use
Thereof"), owned by Purdue, and U.S. Patent No. 6,306,903 (Alpha-aminoamide
Derivatives Useful as Analgesic Agents"). View the complaint here.
Pfizer Inc. et. al. v. Ranbaxy Laboratories Ltd. et. al.
1:07-cv-00138; filed March 9, 2007 in the District Court
of Delaware
Infringement of U.S. Patent Nos. 4,681,893
("Trans-6-[2-(3- or 4-carboxamido-substituted pyrrol-1-yl)alkyl]-4-hydroxypyran-2-one
Inhibitors of Cholesterol Synthesis," issued July 21, 1987) and 6,455,574
("Therapeutic Combination," issued September 24, 2002) following
Ranbaxy's filing of an ANDA to manufacture a generic version of Pfizer's Caduet®
(atorvastatin calcium – the active ingredient in Lipitor® — and amlodipine
besylate – the active ingredient in Norvasc® — used to treat high
cholesterol in combination with treating hypertension, angina, and/or coronary
artery disease). View the complaint here.

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