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.

Breckenridge Pharmaceutical, Inc. v. Cornerstone
Biopharma, Inc. et. al.
8:07-cv-01004; filed April 19, 2007 in the District Court
of Maryland

Declaratory judgment of invalidity and non-infringement
of U.S. Patent No. 6,270,796 ("Antihistamine/decongestant Regimens for
Treating Rhinitis," issued August 7, 2001) based on Breckenridge's sale of
Allergy DN, a produce comparable to Cornerstone's AlleRx® formulations (used
to treat allergies and symptoms of the common cold).  View the complaint here.

PDL Biopharma, Inc. v. Sun Pharmaceutical Industries,
Ltd.
4:07-cv-11709; filed April 17, 2007 in the Eastern
District of Michigan

PDL Biopharma, Inc. v. Sun Pharmaceutical Industries,
Ltd.
2:07-cv-01788; filed April 16, 2007 in the District Court
of New Jersey

The complaints in these two cases are substantially
identical. Infringement of U.S. Patent
No. 5,164,405 ("Nicardipine Pharmaceutical Composition for Parenteral
Administration," issued November 17, 1992) following a paragraph IV
certification as part of Sun's filing of an ANDA to manufacture a generic
version of PDL's Cardene® I.V.® (nicardipine hydrochloride solution, used
for the short-term treatment of hypertension).  View the later-filed complaint here.

MedPointe Healthcare Inc. v. Apotex Inc. et. al.
1:07-cv-00204; filed April 17, 2007 in the District Court
of Delaware

Infringement of U.S. Patent No. 5,164,194
("Azelastine Containing Medicaments," issued November 17, 1992)
following a paragraph IV certification as part of Apotex's filing of an ANDA to
manufacture a generic version of MedPointe's Optivar® (azelastine
hydrochloride ophthalmic solution, used to seasonal allergic rhinitis).  View the complaint here.

Centocor, Inc. v. Abbott Laboratories
2:07-cv-00139; filed April 16, 2007 in the Eastern
District of Texas

Infringement of U.S. Patent No. 7,070,775
("Recombinant A2-Specific TNF? Specific Antibodies," issued July 4,
2006) based on Abbott's manufacture and sale of Humira® (adalimumab, used to
treat arthritis, ankylosing spondylitis, and Crohn's disease).  View the complaint here.

Ariad Pharmaceuticals Inc. et. al. v. Amgen Inc. et. al.
1:07-cv-00202; filed April 13, 2007 in the District Court
of Delaware

Infringement of U.S. Patent No. 6,410,516 ("Nuclear
Factors Associated with Transcriptional Regulation," issued June 25, 2002)
based on defendants' manufacture and sale of Enbrel® and Kineret®
(etanercept and anakinra, respectfully, both used used to treat arthritis).  View the complaint here, and a more in depth
report here.

Exela Pharmsci, Inc. v. Allergan, Inc.
1:07-cv-00338; filed April 6, 2007 in the Eastern
District of Virginia

Declaratory judgment of non-infringement and invalidity
of U.S. Patent Nos. 5,424,078 ("Aqueous Ophthalmic Formulations and
Methods for Preserving Same," issued June 13, 1995), 6,562,873
("Compositions Containing Therapeutically Active Components Having
Enhanced Solubility," issued May 13, 2003), 6,627,210 ("Compositions
Containing alpha-2-Adrenergic Agonist Components," issued September 30, 2003),
6,641,834 (same title, issued November 4, 2003), and 6,673,337 (same title,
issued January 6, 2004) in conjunction with Exela's filing of an ANDA to
manufacture a generic version of Allergan's Alphagan® P (brimonidine tartrate
ophthalmic solution, used to treat glaucoma).  View the complaint here.