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.

Invitrogen Corp. v. Oxford Biomedical Research, Inc. et al.
3:08-cv-00599; filed October 8, 2008 in the Western District of Wisconsin

Declaratory judgment of invalidity, non-infringement, and unenforceability (due to lapse) of U.S. Patent No. 5,886,157 ("Expression and Purification of Human Cytochrome P450," issued March 23, 1999) based on a disagreement regarding the scope of a Licensing and Supply Agreement among the parties centering on methods of making recombinant human cytochrome P450.  View the complaint here.

Otsuka Pharmaceutical Co. v. Apotex Corp. et al.
3:08-cv-04958; filed October 6, 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 Apotex's 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.

Teva Pharmaceutical Industries Ltd. v. Astrazeneca Pharmaceuticals LP et al.
2:08-cv-04786; filed October 6, 2008 in the Eastern District of Pennsylvania

Infringement of U.S. Patent No. RE39,502 ("Stable Pharmaceutical Compositions Containing 7-Substituted-3,5-Dihydroxyheptanoic Acids or 7-Substituted-3,5-Dihydroxyheptenoic Acids," issued March 6, 2007) based on AstraZeneca's manufacture and sale of its Crestor® (rosuvastatin calcium, used to treat high cholesterol).  View the complaint here.