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.

Human Genome Sciences Inc. v. Genentech Inc.
1:08-cv-00166; filed March 25, 2008 in the District Court of Delaware

Review of the decision of the Board of Patent Appeals and Interferences awarding priority of invention to Genentech in the interference between U.S. Patent No. 6,872,568 ("Death Domain Containing Receptor 5 Antibodies," issued March 29, 2005), assigned to Human Genome Sciences, and U.S. Patent Application No. 10/423,448 ("Apo-2 Receptor," filed April 25, 2003), assigned to Genentech.  View the complaint here.

Pfizer Inc et al. v. Ranbaxy Laboratories Limited et al.
1:08-cv-00164; filed March 24, 2008 in the District Court of Delaware

Declaratory judgment of infringement of U.S. Patent Nos. 6,087,511 ("Process for the Production of Amorphous [R-(R*,R*)]-2-(4-fluorophenyl)-ß,∂-dihydroxy -5-(1-methylethyl)-3-phenyl-4-[(phenylamino)carbonyl]-1H-pyrrole-1-heptanoic Acid) Calcium Salt (2:1)," issued July 11, 2000) and 6,274,740 (same title, issued August 14, 2001) based on Ranbaxy’s anticipated importation into and/or sale of a generic version of Pfizer’s Lipitor® (atorvastatin calcium, used to treat high cholesterol and heart disease) after the expiration of an Orange Book patent (U.S. Patent No. 4,681,893) but before the expiration of the ‘511 and ‘740 patents.  View the complaint here.

Pfizer Inc. et al. v. Ranbaxy Laboratories Limited et al.
1:08-cv-00162; filed March 24, 2008 in the District Court of Delaware

Declaratory judgment of infringement of U.S. Patent Nos. 6,087,511 ("Process for the Production of Amorphous [R-(R*,R*)]-2-(4-fluorophenyl)-ß,∂-dihydroxy -5-(1-methylethyl)-3-phenyl-4-[(phenylamino)carbonyl]-1H-pyrrole-1-heptanoic Acid) Calcium Salt (2:1)," issued July 11, 2000) and 6,274,740 (same title, issued August 14, 2001) based on Ranbaxy’s anticipated importation into and/or sale of a generic version of Pfizer’s Caduet® (amlodipine and atorvastatin, used to treat high blood pressure and high cholesterol) after the expiration of an Orange Book patent (U.S. Patent No. 4,681,893) but before the expiration of the ‘511 and ‘740 patents.  View the complaint here.

Astrazeneca LP et al. v. Breath Limited
1:08-cv-01512; filed March 19, 2008 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 6,598,603 ("Method for Treating Respiratory Diseases," issued July 29, 2003) and 6,899,099 (same title, issued May 21, 2005) following a paragraph IV certification as part of Breath’s filing of an ANDA to manufacture a generic version of Astrazeneca’s Pulmicort Respules® (budesonide inhalation suspension, used to treat asthma).  View the complaint here.