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.

Shelbyzyme LLC v. Genzyme Corp.
1:09-cv-00768; filed October 14, 2009 in the
District Court of Delaware

Infringement of U.S. Patent No. 7,011,831 ("Recombinant
α-galactosidase A Therapy for Fabry Disease," issued March 14, 2006) based
on Genzyme's manufacture and sale of its Fabrazyme® (agalsidase beta, used to
treat Fabry disease).  View the
complaint here.

Eli Lilly and Company v. Sandoz, Inc.
1:09-cv-01282; filed October 14, 2009 in the Southern
District of Indiana

Infringement of U.S. Patent No. 5,464,826 ("Method
of Treating Tumors in Mammals with 2',2'-difluoronucleosides," issued
November 7, 1995) following a Paragraph IV certification as part of Sandoz's
filing of an ANDA to manufacture a generic version of Lilly's Gemzar®
(gemcitabine hydrochloride for injection, used to treat non-small cell lung
cancer, pancreatic cancer, breast cancer, and ovarian cancer).  View the complaint here.

Stiefel Research Australia Pty Ltd. v. Perrigo Co. et al.
1:09-cv-00758; filed October 13, 2009 in the
District Court of Delaware

• Plaintiff:  Stiefel Research Australia Pty Ltd.
• Defendants:  Perrigo Co.; Perrigo Israel
Pharmaceuticals Ltd.

Infringement of U.S. Patent No. 6,946,120 ("Pharmaceutical
Composition," issued September 20, 2005) following a Paragraph IV
certification as part of Perrigo's filing of an ANDA to manufacture a generic
version of Stiefel's Rogaine® (minoxidil topical aerosol foam, used to treat
androgenic alopecia of the vertex of the scalp).  View the complaint here.

Chugai Seiyaku Kabushiki Kaisha v. Kappos
1:09-cv-01928; filed October 9, 2009 in the
District Court of the District of Columbia

Review and correction of the patent term adjustment
calculation made by the U.S. Patent and Trademark Office for U.S. Patent No.
7,517,965 ("Non-Neutralizing Anti-aPC Antibodies," issued April 7,
2009).  View the complaint here.

Aventis Pharmaceuticals Inc. et al. v. Sun Pharmaceutical
Industries Ltd. et al.
2:09-cv-05179; filed October 9, 2009 in the
District Court of New Jersey

• Plaintiffs:  Aventis Pharmaceuticals Inc.; Aventis
Inc.; Carderm Capital L.P.
• Defendants:  Sun Pharmaceutical Industries Ltd.;
Sun Pharmaceutical Industries Inc.; Sun Pharma Global Inc.

Infringement of U.S. Patent Nos. 7,135,571 ("Process
for Preparing Anhydrous and Hydrate Forms of Antihistaminic Piperidine
Derivatives, Polymorphs and Pseudomorphs Thereof," issued November 14,
2006), 6,399,632 ("Method of Providing an Antihistaminic Effect in a
Hepatically Impaired Patient," issued June 4, 2002), 6,187,791 (same
title, issued February 13, 2001), 6,037,353 (same title, issued March 14, 2000),
5,855,912 ("Pharmaceutical Compositions for Piperidinalkanol Compounds,"
issued January 5, 1999), 6,113,942 ("Pharmaceutical Composition for
Piperidinalkanol Compounds," issued September 5, 2000), and 5,738,872
(same title, issued April 14, 1998) following a Paragraph IV certification as
part of Sun's filing of an ANDA to manufacture a generic version of Aventis'
Allegra® (fexofenadine hydrochloride, used to treat allergies).  View the complaint here.

Medicines Company v. Teva Parenteral Medicines Inc. et al.
1:09-cv-00750; filed October 8, 2009 in the
District Court of Delaware

• Plaintiff: Medicines Co.
• Defendants: Teva Parenteral Medicines Inc.; Teva
Pharmaceuticals USA Inc.; Teva Pharmaceuticals Industries Ltd.

Medicines Company v. APP Pharmaceuticals LLC et al.
1:09-cv-00752; filed October 8, 2009 in the
District Court of Delaware

• Plaintiff: Medicines Co.
• Defendants: APP Pharmaceuticals LLC; APP
Pharmaceuticals Inc.

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent No. 7,582,727 ("Pharmaceutical Formulations of Bivalirudin and
Process of Making the Same," issued September 1, 2009) following a
Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a
generic version of The Medicines Company's Angiomax® (bivalirudin, used as an
anticoagulant in patients with unstable angina undergoing percutaneous
translurninal coronary angioplasty).  View the Teva complaint here.