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.

 Pfizer Inc. et al. v. Teva Pharmaceuticals USA Inc.
1:08-cv-00237; filed April 25, 2008 in the District Court of Delaware

Infringement of U.S. Patent No. 5,273,995 ("[R-(R*R*)]-2-(4-fluorophenyl)-beta, delta-dihydroxy-5-(1-methylethyl-3-phenyl-4-[(phenylamino) carbonyl]- 1H-pyrrole-1-heptanoic acid, its lactone form and salts thereof," issued December 28, 1993) based on Teva’s filing of an ANDA to manufacture a generic version of Pfizer’s Lipitor® (atorvastatin calcium, used to treat high cholesterol and heart disease).  View the complaint here.  As reported here, plaintiffs have previously asserted this patent against Teva; the present complaint includes an additional generic Lipitor® dosage form.

AstraZeneca AB et al. v. Teva Parenteral Medicines Inc. et al.
1:08-cv-00238; filed April 25, 2008 in the District Court of Delaware

AstraZeneca AB et al. v. Teva Parenteral Medicines Inc. et al.
3:08-cv-02014; filed April 24, 2008 in the District Court of New Jersey

The complaints in these cases are substantially identical.  Declaratory judgment that Teva’s Paragraph IV notice fails to meet the relevant statutory provisions.  Also, infringement of U.S. Patent No. 5,877,192 ("Method for the Treatment of Gastric Acid-Related Diseases and Production of Medication Using (-)Enantiomer of Omeprazole," issued March 2, 1999) following a paragraph IV certification as part of Teva’s filing of an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic version of AstraZeneca’s Nexium I.V.® (esomeprazole for injection, used for the short-term treatment in the healing and symptomatic resolution of diagnostically-confirmed erosive esophagitis).  View the Delaware complaint here.

Sanofi-Aventis U.S. LLC et al. v. W.C. Heraeus GmbG
3:08-cv-02048; filed April 25, 2008 in the District Court of New Jersey

Infringement of U.S. Patent No. 5,338,874 ("Cis oxalato (trans 1-1,2-cyclohexanediamine) PT(II) Having Optically High Purity," issued August 16, 1994) based on Heraeus’ filing of a DMF (drug master file) with the FDA for the manufacture of Eloxatin® (oxaliplatin for injection, used to treat colorectal cancer).  View the complaint here.