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.

Monsanto Co. et al. v. Germann
4:09-cv-01848; filed November 11, 2009 in the
Eastern District of Missouri

• Plaintiffs: 
Monsanto Co.; Monsanto Technology LLC
• Defendant: 
Dennis Germann

Infringement of U.S. Patent Nos. 5,352,605 ("Chimeric
Genes for Transforming Plant Cells Using Viral Promoters," issued October
4, 1994) and RE39,247 ("Glyphosate-tolerant
5-enolpyruvylshikimate-3-phosphate Synthases," issued August 22, 2006)
based on defendants' use of soybean seed produced from earlier planted Roundup
Ready® soybean seed.  View the
complaint here.

Takeda Pharmaceutical Co. Ltd. et al. v. Teva
Pharmaceuticals USA Inc. et al.
1:09-cv-00841; filed November 6, 2009 in the
District Court of Delaware

• Plaintiffs: 
Takeda Pharmaceutical Co. Ltd.; Takeda Pharmaceuticals North America
Inc.
• Defendants: 
Teva Pharmaceuticals USA Inc.; Teva Pharmaceutical Industries Ltd.

Infringement of U.S. Patent No. 6,034,239 ("Tricyclic
Compounds, Their Production and Use," issued March 7, 2000) following a
Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a
generic version of Takeda's Rozerem® (ramelteon, used to treat insomnia).  View the complaint here.

Allergan, Inc. v. Alcon Laboratories, Inc. et al.
2:09-cv-00348; filed November 6, 2009 in the
Eastern District of Texas

• Plaintiff: 
Allergan, Inc.
• Defendants: 
Alcon Laboratories, Inc.; Alcon Research, Ltd.; Alcon, Inc.; Falcon
Pharmaceuticals, Ltd.

Infringement of U.S. Patent Nos. 7,030,149 ("Combination
of Brimonidine Timolol For Topical Ophthalmic Use," issued April 18, 2006),
7,320,976 (same title, issued January 22, 2008), and 7,323,463 (same title,
issued January 29, 2008) following a Paragraph IV certification as part of Alcon's
filing of an ANDA to manufacture a generic version of Allergan's Combigan®
(brimonidine tartrate/timolol maleate ophthalmic solution, used to treat
glaucoma).  View the complaint here.

Purdue Pharma Products LP et al. v. Sun Pharmaceutical
Industries Ltd. et al.
1:09-cv-00833; filed November 5, 2009 in the District
Court of Delaware

• Plaintiffs: 
Purdue Pharma Products LP; Napp Pharmaceutical Group Ltd.
• Defendants: 
Sun Pharmaceutical Industries Ltd.; Sun Pharmaceutical Industries Inc.;
Sun Pharma Global FZE; Caraco Pharmaceutical Laboratories Ltd.

Infringement of U.S. Patent Nos. 6,254,887 ("Controlled
Release Tramadol," issued July 3, 2001) and 7,074,430 ("Controlled
Release Tramadol Tramadol [sic] Formulation," issued July 11, 2006)
following a Paragraph IV certification as part of Sun's filing of an ANDA to
manufacture a generic version of plaintiffs' Ryzolt® (tramadol hydrochloride,
used to treat moderate to moderately severe chronic pain).  View the compliant here.

Novo Nordisk Inc. et al. v. Sandoz Inc.
1:09-cv-09217; filed November 5, 2009 in the Southern
District of New York

• Plaintiffs: 
Novo Nordisk Inc.; Novo Nordisk A/S
• Defendant: 
Sandoz Inc.

Infringement of U.S. Patent No. 6,677,358 ("NIDDM
Regimen," issued January 13, 2004) following a Paragraph IV certification
as part of Sandoz's filing of an ANDA to manufacture a generic version of Novo
Nordisk's PrandiMet® (repaglinide and metformin, used to treat type 2
diabetes).  View the complaint here.

Novartis AG et al. v. Apotex Inc. et al.
2:09-cv-05614; filed November 3, 2009 in the
District Court of New Jersey

• Plaintiffs: 
Novartis AG; Novartis Pharmaceuticals Corp.
• Defendants: 
Apotex Inc.; Apotex Corp.

Infringement of U.S. Patent Nos. 6,025,391 ("Enteric-coated
Pharmaceutical Compositions of Mycophenolate," issued February 15, 2000),
6,172,107 ("Entric-coated Pharmaceutical Compositions," issued on
January 9, 2001), and 6,306,900 (same title, issued on October 23, 2001)
following a Paragraph IV certification as part of Apotex's filing of an ANDA to
manufacture a generic version of Novartis' Myfortic7 delayed-release tablets
(mycophenolate sodium, used for the prevention of organ rejection in patients
receiving allogeneic renal transplants, administered in combination with
cyclosporine and corticosteroids).  View the complaint here.

Eurand Inc. et al. v. Teva Pharamceuticals USA, Inc. et al.
1:09-cv-00816; filed October 29, 2009 in the
District Court of Delaware

• Plaintiffs: 
Eurand Inc.; Anesta AG
• Defendants: 
Teva Pharamceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.;
Barr Laboratories 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 Teva'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.