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.

Astrazeneca LP et al. v. Breath Ltd.
1:09-cv-04115; filed August 12, 2009 in the District
Court of New Jersey

• Plaintiffs: Astrazeneca LP; Astrazeneca AB
• Defendant: Breath Ltd.

Infringement of U.S. Patent No. 7,524,834 ("Sterile
Powders, Formulations, and Methods for Producing the Same," issued April
28, 2009) following a paragraph IV certification as part of Breath's filing of
an ANDA to manufacture a generic version of Astrazeneca's Pulmicort Respules®
(budesonide inhalation suspension, used to treat asthma).  View the complaint here.

Abbott GmbH & Co., KG et al. v. Centocor Ortho
Biotech, Inc.
4:09-cv-11340; filed August 10, 2009 in the District
Court of Massachusetts

• Plaintiffs: Abbott GmbH & Co., KG; Abbott
Bioresearch Center, Inc.
• Defendant: Centocor Ortho Biotech, Inc.

Infringement of U.S. Patent Nos. 6,914,128 ("Human
Antibodies that Bind Human IL-12 and Methods for Producing," issued July
5, 2005) and 7,504,485 ("Human Antibodies that Bind Human IL-12," issued March 17, 2009) based
on Centocor's manufacture, use, and sale of its Stelara product (ustekinumab,
anti-IL-12 antibody).  View the
complaint here.