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.

King Pharmaceuticals Inc. et al. v. Sandoz Inc.
2:09-cv-04513; filed September 1, 2009 in the
District Court of New Jersey

• Plaintiffs:  King Pharmaceuticals Inc.; King
Pharmaceuticals Research and Development, Inc.; Elan Corporation, PLC.; Elan
Pharma International Ltd.
• Defendant:  Sandoz Inc.

Infringement of U.S. Patent No. 6,066,339 ("Oral
Morphine Particulate Formulation," issued May 23, 2000) following a
Paragraph IV certification as part of Sandoz's filing of an amendment to its
ANDA (adding additional dosage forms) to manufacture a generic version of King's
Avinza® (morphine sulfate extended release capsules, used for the once-daily
treatment of moderate-to-severe chronic pain).  View the complaint here.

Centocor Ortho Biotech, Inc. v. Abbott GmbH & Co., KG
1:09-cv-01653; filed August 28, 2009 in the
District Court of the District of Columbia

Review of the decision of the Board of Patent
Appeals and Interferences awarding priority of invention to Abbott in the
interference between U.S. Patent Application No. 10/912,994 ("Anti-IL-12 Antibodies,
Compositions," filed August 6, 2004), assigned to Centocor and U.S. Patent
No. 6,914,128 ("Human Antibodies That Bind Human IL-12 and Methods for
Producing," issued July 5, 2005), assigned to Abbott.  View the complaint here.

Centocor Ortho Biotech, Inc. v. Abbott GmbH & Co., KG
1:09-cv-01654; filed August 28, 2009 in the
District Court of the District of Columbia

Declaratory judgment of non-infringement and
invalidity 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.

Bristol-Myers Squibb Co. et al. v. Mylan Pharmaceuticals Inc. et
al.
1:09-cv-00651; filed August 28, 2009 in the
District Court of Delaware

• Plaintiffs:  Bristol-Myers Squibb Co.; Bristol-Myers
Squibb Pharma Co.
• Defendants:  Mylan Pharmaceuticals Inc.; Matrix
Laboratories Ltd.; Matrix Laboratories Inc.

Infringement of U.S. Patent No. 6,673,372 ("Crystalline
Efavirenz," filed January 6, 2004) following a Paragraph IV certification
as part of Mylan's filing of an ANDA to manufacture a generic version of BMS'
Sustiva® (efavirenz, used to treat HIV infection).  View the complaint here.

King Pharmaceuticals Inc. et al. v. Teva Parenteral Medicines
Inc. et al.

1:09-cv-00652; filed August 28, 2009 in the
District Court of Delaware

• Plaintiffs:  King Pharmaceuticals Inc.; Meridian
Medical Technologies Inc.
• Defendants:  Teva Parenteral Medicines Inc.; Teva
Pharmaceuticals USA Inc.

Infringement of U.S. Patent No. 7,449,012 ("Automatic
Injector," issued November 11, 2008) following a Paragraph IV
certification as part of Teva's filing of an ANDA to manufacture a generic
version of Meridian's EpiPen® Auto-Injector (epinephrine, used to treat
anaphylaxis).  View the complaint here.