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.

Novartis Vaccines and Diagnostics, Inc. v. United States Department Of Health and Human Services et al.
1:07-cv-02138; filed November 27, 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 defendants in the interference between U.S. Patent 6,531,276 ("Methods for Detecting Human Immunodeficiency Virus Nucleic Acid," issued March 11, 2003), assigned to Novartis, and U.S. Patent Application No. 06/693,866 ("Cloning and Expression of HTLV III DNA), assigned to DHHS.  View the complaint here.

Schering Corporation v. Anchen Pharmaceuticals, Inc.
3:07-cv-05649; filed November 27, 2007 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 6,100,274 ("8-chloro-6,11-dihydro-11-] (4-piperidylidine)-5H-benzo[5,6]cyclohepta[1,2-bpyridine Oral Compositions," issued August 8, 2000) and 6,709,676 ("Extended Release Oral Dosage Composition," issued March 23, 2004) following a paragraph IV certification as part of Anchen’s filing of an ANDA to manufacture a generic version of Schering-Plough’s Clarinex-D® 12-hour (desloratidine and pseudoephedrine sulfate, used to treat allergies).  View the complaint here.

Lonza Group AG v. Northwest Biotherapeutics, Inc.
8:07-cv-03177; filed November 27, 2007 in the District Court of Maryland

Infringement of U.S. Patent Nos. 5,122,464 ("Method for Dominant Selection in Eucaryotic Cells," issued June 16, 2992), 5,591,639 ("Recombinant DNA Expression Vectors," issued January 7, 1997), 5,658,759 (same title, issued August 19, 1997), 5,770,359 ("Recombinant DNA Sequences, Vectors Containing Them and Method for the Use Thereof," issued June 23, 1998), 5,827,739 (same title, issued October 27, 1998), 5,879,936 ("Recombinant DNA Methods, Vectors and Host Cells," issued March 9, 1999), 5,891,693 (same title, issued April 6, 1999), and 5,981,216 ("Transformed Myeloma Cell-Line and a Process for the Expression of a Gene Coding for a Eukaryotic Polypeptide Employing Same," issued November 9, 1999) based on Northwest’s manufacture, use, and sale of its DCVax® products, including DCVax®-Prostate, used to treat prostate cancer.  View the complaint here.

Aventis Pharmaceuticals Inc. et al. v. Wockhardt Limited et al.
2:07-cv-05647; filed November 26, 2007 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 6,113,942 ("Pharmaceutical Composition for Piperidinoalkanol Compounds," issued September 5, 2000), 5,855,912 (same title, issued January 5, 1999), and 5,738,872 (same title, issued April 14, 1998) following a paragraph IV certification as part of Dr. Reddy’s filing of an ANDA to manufacture a generic version of Aventis’ Allegra (fexofenadine hydrochloride) and Allegra-D® 12 Hour (fexofenadine hydrochloride/ pseudoephedrine) (both used to treat allergies).  View the complaint here.

King Pharmaceuticals, Inc., et al. v. Teva Pharmaceuticals USA, Inc.
2:07-cv-05618; filed November 21, 2007 in the District Court of New Jersey

Infringement of U.S. Patent No. 5,061,722 ("Cis-Endo-2-Azabicyclo-[3,3,0]-Octane-3-Carboxylic Acids, A Process For Their Preparation, Agents Containing These Compounds and Their Use," issued on October 29, 1991), following a paragraph IV certification as part of Teva’s filing of an ANDA to manufacture a generic version of King’s Altace® (ramipril, used to lower cardiovascular risk and to treat hypertension).  View the complaint here.