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.

Elan Pharma International Ltd. v. Alcon Laboratories, Inc. et al.
4:09-cv-00032; filed January 22, 2009 in the Eastern District of Texas

Infringement of U.S. Patent Nos. 5,429,824 ("Use of Tyloxapol as a Nanoparticle Stabilizer and Dispersant," issued July 4, 1995) and 5,298,262 ("Use of Ionic Cloud Point Modifiers to Prevent Particle Aggregation During Sterilization," issued March 29, 1994) based on Alcon's manufacture and sale of its Azopt® product (brinzolamide ophthalmic suspension, used to treat glaucoma or ocular hypertension).  View the complaint here.

Merck Sharp & Dohme Pharmaceuticals SRL v. Teva Pharmaceuticals USA, Inc. et al.
3:09-cv-00233; filed January 16, 2009 in the District Court of New Jersey

Infringement of U.S. Patent No. 5,565,473 ("Unsaturated Hydroxyalkylquinoline Acids as Leukotriene Antagonists," issued October 15, 1996) following Teva's filing of an ANDA to manufacture a generic version of Merck's Singulair® (montelukast sodium oral granules, used to treat asthma and allergic rhinitis).  View the complaint here.

Sciele Pharma, Inc. et al. v. Lupin Ltd. et al.
1:09-cv-00105; filed January 16, 2009 in the District Court of Maryland

Sciele Pharma Inc. et al. v. Lupin Ltd. et al.
1:09-cv-00037; filed January 15, 2009 in the District Court of Delaware

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 6,099,859 ("Controlled Release Oral Tablet Having a Unitary Core," issued August 8, 2000) and 6,866,866 ("Controlled Release Metformin Compositions," issued March 15, 2005) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Sciele's Fortamet® (extended release metformin hydrochloride, used to treat Type 2 diabetes).  View the Delaware complaint here.

Orion Corp. v. Wockhardt USA Inc. et al.
1:09-cv-00030; filed January 15, 2009 in the District Court of Delaware

Infringement of U.S. Patent Nos. 5,446,194 ("Pharmacologically active catechol derivatives," issued August 29, 1995), 5,135,950 ("Stable Polymorphic Form of (E)-N,N-diethyl-2-cyano-3-(3,4-dihydroxy-5-nitrophenyl)acrylamide and the Process for Its Preparation," issued August 4, 1992), and 6,500,867 ("Pharmaceutical Composition Comprising Entacapone, Levodopa, and Carbidopa," issued December 31, 2002) following a Paragraph IV certification as part of Wockhardt's filing of an ANDA to manufacture a generic version of Orion's Stalevo® (marketed by Novartis in the U.S.) (entacapone, levodopa, and carbidopa mixture, used to treat Parkinson's disease).  View the complaint here.

Warner Chilcott Laboratories Ireland Ltd. et al. v. Sandoz Inc.
2:09-cv-00228; filed January 15, 2009 in the District Court of New Jersey

Infringement of U.S. Patent No. 6,958,161 ("Modified Release Coated Drug Preparation," issued October 25, 2005) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Warner Chilcott's Doryx® (modified release doxycycline hyclate, used for adjunctive treatment of severe acne).  View the complaint here.