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.

Abbott Laboratories v. Dr. Reddy’s Laboratories, Inc. et al.
3:08-cv-03390; filed July 8, 2008 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 6,511,678 ("Controlled Release Formulation of Divalproex Sodium," issued January 28, 2003), 6,528,090 (same title, issued March 4, 2003), 6,713,086 (same title, issued March 30, 2004), and 6,720,004 (same title, issued April 13, 2004) following a paragraph IV certification as part of Dr. Reddy’s filing of an ANDA to manufacture a generic version of Abbott’s Depakote® ER (divalproex sodium, used to treat manic episodes associated with bipolar disorder, epilepsy, and migraine headaches).  View the complaint here.

Enzo Life Sciences, Inc. v. Eiken Kagaku Kabushiki Kaisha
1:08-cv-00692; filed July 3, 2008 in the Eastern District of Virginia

Review of the decision of the Board of Patent Appeals and Interferences awarding priority of invention to Eiken in the interference between U.S. Patent Application No. 10/306,990 ("Novel Methods for Amplifying and Detecting Nucleic Acid Sequences," filed November 29, 2002), assigned to Enzo and U.S. Patent Nos.  6,410,278 ("Process for Synthesizing Nucleic Acid," issued June 25, 2002) and 6,974,670 ("Method of Synthesizing Nucleic Acid," issued December 13, 2005), assigned to Eiken.  View the complaint here.

Celgene Corp. et al. v. Barr Laboratories, Inc. et al.
2:08-cv-03357; filed July 2, 2008 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 5,629,327 ("Methods and Compositions for Inhibition of Angiogenesis," issued May 13, 1997) and 6,235,756 ("Methods and Compositions for Inhibition of Angiogenesis by Thalidomide," issued May 22, 2001) following a paragraph IV certification as part of Barr’s amended filing of an ANDA to manufacture a generic version of Celgene’s Thalomid® (thalidomide, used to treat multiple myeloma and erythema nodosum leprosum).  View the complaint here.  As reported here and here, Celgene has previously asserted other patents against Barr based on the same ANDA filing.