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.

Lupin Limited et al. v. Sanofi-Aventis Deutschland GMBH et al.
2:08-cv-00258; filed June 5, 2008 in the Eastern District of Virginia

Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 7,368,469 ("Use of Inhibitors of the Renin-Angiotensin System in the Prevention of Cardiovascular Events," issued on May 6, 2008), assigned to Sanofi-Aventis and licensed to King Pharmaceuticals, in conjunction with Lupin’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.

Cephalon, Inc. et al. v. Watson Pharmaceuticals, Inc. et al.
3:08-cv-00308; filed June 3, 2008 in the District Court of Nevada

Cephalon, Inc. et al. v. Watson Pharmaceuticals, Inc. et al.
1:08-cv-00330; filed June 2, 2008 in the District Court of Delaware

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 6,200,604 ("Sublingual Buccal Effervescent," issued March 13, 2001) and 6,974,590 (same title, issued December 13, 2005) following a paragraph IV certification as part of Watson’s filing of an ANDA to manufacture a generic version of Cephalon’s Fentora® (fentanyl citrate buccal tablets, used to treat breakthrough pain in adult patients with cancer).  View the Delaware complaint here.

Sepracor Inc. et al. v. Sun Pharmaceutical Industries, Ltd.
2:08-cv-02705; filed May 30, 2008 in the District Court of New Jersey

Infringement of U.S. Patent No. 5,698,558 ("Methods for Treating Allergic Disorders Using Optically Pure (-)Cetirizine," issued December 16, 1997), licensed to UCB, following a paragraph IV certification as part of Sun’s filing of an ANDA to manufacture a generic version of UCB’s XYZAL® (levocetirizine dihydrochloride, used to treat seasonal and perennial allergic rhinitis).  View the complaint here.

Otsuka Pharmaceutical Co., Ltd. v. Zydus Pharmaceuticals USA, Inc. et al.
3:08-cv-02675; filed May 30, 2008 in the District Court of New Jersey

Infringement of U.S. Patent No. 5,006,528 ("Carbostyril Derivatives," issued April 9, 1991) following a paragraph IV certification as part of Zydus’ filing of an ANDA to manufacture a generic version of Otsuka’s Abilify® (aripiprazole, used to treat bipolar disorder and schizophrenia).  View the complaint here.

Sanofi-Aventis et al. v. Sandoz, Inc.
3:08-cv-02693; filed May 30, 2008 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 5,338,874 ("Cis oxalato (trans 1-1,2-cyclohexanediamine) PT(II) Having Optically High Purity," issued August 16, 1994) and 5,716,988 ("Pharmaceutically Stable Preparation of Oxaliplatinum," issued February 10, 1998) following a paragraph IV certification as part of Sandoz’s filing of an ANDA to manufacture a generic version of plaintiffs’ Eloxatin® (oxaliplatin for injection, used to treat colorectal cancer).  View the complaint here.