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.

Eurand Inc. et al. v. Anchen Pharmaceuticals Inc. et al.
1:09-cv-00715; filed September 23, 2009 in the
District Court of Delaware

• Plaintiffs:  Eurand Inc.; Anesta AG
• Defendants:  Anchen Pharmaceuticals Inc.; Anchen Inc.

Infringement of U.S. Patent Nos. 7,387,793 ("Modified
Release Dosage Forms of Skeletal Muscle Relaxants," issued July 17, 2008)
and 7,544,372 (same title, issued June 9, 2009), licensed to Cephalon,
following a Paragraph IV certification as part of Anchen's filing of an ANDA to
manufacture a generic version of Cephalon's Amrix® (cyclobenzaprine
hydrochloride, used for relief of muscle spasm associated with acute, painful
musculoskeletal conditions).  View
the complaint here.

Astellas Pharma Inc. et al. v. Teva Pharmaceuticals USA, Inc.
et al.
1:09-cv-08100; filed September 22, 2009 in the
District Court of New Jersey

• Plaintiffs:  Astellas Pharma Inc.; Astellas Pharma US, Inc.
• Defendants:  Teva Pharmaceuticals USA, Inc.; Teva Pharmaceuticals
Industries, Ltd.

Infringement of U.S. Patent No. 6,017,927 ("Quinuclidine
Derivatives and Medicinal Composition Thereof," issued January 25, 2000),
following a Paragraph IV certification as part of Teva's filing of an ANDA to
manufacture a generic version of Astellas' VESIcare® (solifenacin succinate,
used to treat overactive bladder with symptoms of urge urinary incontinence, urgency, and urinary
frequency).  View the complaint here.

Life Technologies Corp. et al. v. Illumina Inc. et al.
1:09-cv-00706; filed September 21, 2009 in the
District Court of Delaware

• Plaintiffs:  Life Technologies Corp.; Applied Biosystems LLC;
Institute for Protein Research; Alexander Chetverin; Helena Chetverina; William
Hone
• Defendants:  Illumina Inc.; Solexa Inc.

Infringement of U.S. Patent Nos. 5,616,478 ("Method
for Amplification of Nucleic Acids in Solid Media," issued April 1, 1997),
5,958,698 ("Method for Amplification and Expression of Nucleic Acids in
Solid Media and its Application for Nucleic Acid Cloning and Diagnostics,"
issued September 28, 1999), and 6,001,568 ("Solid Medium for Amplification
and Expression of Nucleic Acids as Colonies," issued December 14, 1999)
based on Defendants' manufacture and sale of its DNA sequencing products and
services, including Defendants' Genome Analyzer and Genome Analyzer II.  View the compliant here.

Research Foundation of State University of New York et al. v.
Impax Laboratories Inc.
1:09-cv-00703; filed September 18, 2009 in the
District Court of Delaware

• Plaintiffs:  Research Foundation of State University of New York; New York
University; Galderma Laboratories Inc.; Galderma Laboratories LP
• Defendant:  Impax Laboratories Inc.

Infringement of U.S. Patent Nos. 7,232,572 ("Methods
of Treating Rosacea," issued June 19, 2007), 7,211,267 ("Methods of
Treating Acne" issued May 1, 2007), 5,789,395 ("Method of Using
Tetracycline Compounds for Inhibition of Endogenous Nitric Oxide Production"
issued Augst 4, 1998), and 5,919,775 ("Method for Inhibiting Expression of
Inducible Nitric Oxide Synthase with Tetracycline," issued April 16,
1998), all either assigned or licensed to Galderma, following a Paragraph IV
certification as part of Mylan's filing of an ANDA to manufacture a generic
version of Galderma's Oracea® (doxycyline delayed release capsules, used to
treat inflammatory lesions of rosacea).  View the complaint here.

Life Technologies Corp. et al. v. Biosearch Technologies,
Inc.
2:09-cv-00283; filed September 18, 2009 in the
Eastern District of Texas

• Plaintiffs:  Life Technologies Corp.; Applied Biosystems, LLC
• Defendant:  Biosearch Technologies, Inc.

Infringement of U.S. Patent Nos. 5,538,848 ("Method
for Detecting Nucleic Acid Amplification Using Self-Quenching Fluorescence
Probe," issued July 23, 1996), 5,723,591 ("Self-Quenching
Fluorescence Probe," issued March 3, 1998), 5,876,930 ("Hybridization
Assay Using Self-Quenching Fluorescence Probe," issued March 2, 1999),
6,030,787 (same title, issued February 29, 2000), and 6,258,569 (same title,
issued July 10, 2001) based on Biosearch's manufacture and sale of dual-labeled
probes incorporating a quencher and fluorophore reporter covalently linked to
the 3' or 5' ends of an oligonucleotide that are used to monitor DNA
amplification in real-time.  View
the complaint here.

Bayer Schering Pharma AG et al. v. Teva Pharmaceuticals USA
Inc. et al.
1:09-cv-00682; filed September 15, 2009 in the
District Court of Delaware

• Plaintiffs:  Bayer Schering Pharma AG; Bayer HealthCare Pharmaceuticals
Inc.; Schering Corp.
• Defendants:  Teva Pharmaceuticals USA Inc.; Teva Pharmaceutical Industries
Ltd.

Infringement of U.S. Patent No. 6,362,178 ("2-phenyl
Substituted Imidazotriazinones as Phosphodiesterase Inhibitors," issued
March 26, 2002) following a Paragraph IV certification as part of Teva's filing
of an ANDA to manufacture a generic version of plaintiffs' Levitra® (vardenafil
hydrochloride, used to treat erectile dysfunction).  View the complaint here.

Boehringer Ingelheim Pharma GmbH
& CO. KG et al. v. Kappos
1:09-cv-01729; filed September 11, 2009 in the
District Court of the District of Columbia

• Plaintiffs:  Boehringer Ingelheim Pharma GmbH & Co. KG; Boehringer
Ingelheim International GmbH; Boehringer Ingelheim Pharmaceuticals, Inc.
• Defendant:  David Kappos

Review and correction of the patent term adjustment
calculation made by the U.S. Patent and Trademark Office for U.S. Patent No.
7,504,378 ("Macrocyclic Peptides Active Against the Hepatitis C Virus,"
issued March 17, 2009).  View the
complaint here.

Warner Chilcott Co., LLC v. Lupin Ltd. et al.
1:09-cv-02394; filed September 11, 2009 in the
District Court of Maryland

• Plaintiff:  Warner Chilcott Co., LLC
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals, Inc.

Infringement of U.S. Patent No. 5,552,394 ("Low
Dose Oral Contraceptives with Less Breakthrough Bleeding and Sustained
Efficacy," issued September 3, 1996) following a Paragraph IV
certification as part of Lupin's filing of an ANDA to manufacture a generic
version of Warner Chilcott's Loestrin® 24 Fe (norethindrone acetate and ethinyl
estradiol tablets, and ferrous fumarate tablets, used for oral
contraception).  View the complaint here.

Warner Chilcott Co., LLC v. Lupin Ltd. et al.
1:09-cv-02399; filed September 11, 2009 in the
District Court of Maryland

• Plaintiff:  Warner Chilcott Co., LLC
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals, Inc.

Infringement of U.S. Patent No. 6,667,050 ("Chewable
Oral Contraceptive," issued December 23, 2003) following a Paragraph IV
certification as part of Lupin's filing of an ANDA to manufacture a generic
version of Warner Chilcott's Femcon Fe® (formerly Ovcon® 35 Fe, norethindrone
and ethinyl estradiol tablets, and ferrous fumarate tablets, used for oral
contraception).  View the complaint here.

Astellas US LLC et al. v. Wockhardt Ltd. et al.
2:09-cv-04654; filed September 10, 2009 in the
District Court of New Jersey

• Plaintiffs:  Astellas US LLC; Astellas Pharma US, INC.; Item Development
AB
• Defendants:  Wockhardt Ltd.; Wockhardt USA, Inc.

Infringement of U.S. Patent No. 5,731,296 ("Selective
Vasodilation by Continuous Adenosine Infusion," issued March 24, 1998),
licensed to Astellas, following a Paragraph IV certification as part of
Wockhardt's filing of an ANDA to manufacture a generic version of Astellas'
Adenoscan® product (adenosine injection, used as a diagnostic for myocardial
reperfusion injury).  View the
complaint here.

Albany Molecular Research, Inc. v. Sandoz, Inc. et al.
2:09-cv-04639; filed September 9, 2009 in the
District Court of New Jersey

• Plaintiff: 
Albany Molecular Research, Inc.
• Defendants:  Sandoz, Inc.; Dr. Reddy's Laboratories, Ltd.

Infringement of U.S. Patent No. 7,390,906 ("Piperidine
Derivatives and Process for Their Production," issued June 24, 2008) based
on Defendants' intended commercial manufacture of fexofenadine hydrochloride,
the active ingredient in Aventis' Allegra® and Allegra-D® (used to treat
allergies).  View the complaint here.

Albany Molecular Research, Inc. v. Dr. Reddy's Laboratories,
Ltd. et al.
2:09-cv-04638; filed September 9, 2009 in the
District Court of New Jersey

• Plaintiff:  Albany Molecular Research, Inc.
• Defendants:  Dr. Reddy's Laboratories, Ltd.; Dr. Reddy's Laboratories,
Inc.

Infringement of U.S. Patent No. 7,390,906 ("Piperidine
Derivatives and Process for Their Production," issued June 24, 2008) based
on Reddy's current and intended commercial manufacture and sale of products
containing fexofenadine hydrochloride, the active ingredient in Aventis'
Allegra® and Allegra-D® (used to treat allergies).  View the complaint here.