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.

Abbott Laboratories et. al. v. Sandoz, Inc. et. al.
1:07-cv-01721; filed March 28, 2007 in the Northern District of Illinois Infringement of U.S. Patent No. 4,935,507 ("Crystalline 7-(2-(2-Aminothiazol-4-yl)-2-Hydroxyiminoacetamido)-3-Vinyl-3-Cephem-4-C Arboxylic Acid (Syn Isomer)," issued June 19, 1990) following Defendants' filing of an ANDA to manufacture a generic version of Abbott's Omnicef® (cefdinir, an antibiotic used to treat infection).  View the complaint here.

Otsuka Pharmaceutical Co., Ltd. v. Synthon Holding BV et. al.
1:07-cv-00236; filed March 28, 2007 in the Middle District of North Carolina

Otsuka Pharmaceutical Co., Ltd. v. Apotex Corp. et. al.
3:07-cv-01346; filed March 23, 2007 in the District Court of New Jersey

The complaints in these two cases are substantially identical.  Infringement of U.S. Patent No. 5,006,528 ("Carbostyril Derivatives," issued April 9, 1991) following a paragraph IV certification as part of Synthon's and Apotex' filing of an ANDA to manufacture a generic version of Otsuka's Abilify® (aripiprazole, used to treat bipolar disorder and schizophrenia).  View the Synthon complaint here.

As reported here last week, Otsuka Pharmaceutical asserted the '528 patent against Teva Pharmaceuticals on March 9, 2007 and against Barr Laboratories on March 16, 2007.

Schering Corporation et. al. v. Glenmark Pharmaceuticals, Inc. USA et. al.
2:07-cv-01334; filed March 22, 2007 in the District Court of New Jersey

Infringement of U.S. Patent No. RE37,721 ("Hydroxy-substituted Azetidinone Compounds Useful as Hypocholesterolemic Agents," issued May 8, 2002) following a paragraph IV certification as part of Glenmark's filing of an ANDA to manufacture a generic version of Plaintiffs' Zetia® (ezetimib, used to treat elevated cholesterol levels).  View the complaint here.

Tyco Healthcare Group LP et. al. v. Pharmaceutical Holdings Corp. et. al.
2:07-cv-01162; filed March 22, 2007 in the Eastern District of Pennsylvania

Infringement of U.S. Patent Nos. 5,030,632 ("Low Dose Temazepam," issued July 9, 1991), 5,211,954 (same title, issued May 18, 1993), 5,326,758 (same title, issued July 5, 1994), and 5,629,310 (same title, issued May 13, 1997) following a paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of plaintiff's Restoril® (temazepam, used to treat transient insomnia).  View the complaint here.

Intervet, Inc. v. Merial Ltd. et. al.
1:07-cv-00559; filed March 20, 2007 in the District Court of the District of Columbia

Declaratory judgment of noninfringement and invalidity of U.S. Patent No. 7,192,594 ("Postweaning Multisystemic Wasting Syndrome and Porcine Circovirus from Pigs," issued March 20, 2007) based on Intervet's manufacture and sale of its Porcine Circovirus Vaccine Type 2.  View the complaint here.