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.

Athena Diagnostics, Inc. v. Ambry Genetics Corp.
4:09-cv-40199; filed November 18, 2009 in the
District Court of Massachusetts

Infringement of U.S. Patent No. 6,274,310 ("Compositions
and Methods for Detecting Pancreatic Diseases," issued August 14, 2001),
sublicensed to Athena, based on Ambry's performance of tests for the diagnosis
of MODY 4 and neonatal diabetes mellitus.  View the complaint here.

Athena Diagnostics, Inc. v. Ambry Genetics Corp.
4:09-cv-40200; filed November 18, 2009 in the
District Court of Massachusetts

Infringement of U.S. Patent No. 5,541,060 ("Detection
of Glucokinase-Linked Early-Onset Non-Insulin-Dependent Diabetes Mellitus,"
issued July 30, 1996), sublicensed to Athena, based on Ambry's performance of tests
for the diagnosis of MODY 2 and neonatal diabetes mellitus.  View the complaint here.

Athena Diagnostics, Inc. v. Ambry Genetics Corp.
4:09-cv-40202; filed November 18, 2009 in the
District Court of Massachusetts

Infringement of U.S. Patent No. 6,054,313 ("Nucleic
Acid and Amino Acid Sequences for Mammalian Sulfonylurea Receptor," issued
April 25, 2000), sublicensed to Athena, based on Ambry's performance of tests
for the diagnosis of congenital hyperinsulinism, and for the diagnosis of
neonatal diabetes mellitus, by detection of a mutation of the ABCC8 gene.  View the complaint here.

Athena Diagnostics, Inc. v. Ambry Genetics Corp.
4:09-cv-40201; filed November 18, 2009 in the
District Court of Massachusetts

Infringement of U.S. Patent No. 6,187,533 ("Mutations
in the Diabetes Susceptibility Genes Hepatocyte Nuclear Factor (HNF) 1 Alpha
(α), HNF1β and HNF4α," issued February 13, 2001), sublicensed to Athena,
based on Ambry's performance of tests for the diagnosis of MODY 1, MODY 3 and
MODY 5.  View the complaint here.

Medicis Pharmaceutical Corp. v. Lupin Ltd. et al.
1:09-cv-03062; filed November 17, 2009 in the
District Court of Maryland

• Plaintiff:  Medicis Pharmaceutical Corp.
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals
Inc.

Infringement of U.S. Patent No. 5,908,838 ("Method
for the Treatment of Acne," issued June 1, 1999) following a Paragraph IV
certification as part of Lupin's filing of an ANDA to manufacture a generic
version of Medics' Solodyn® (minocycline hydrochloride extended release
tablets, used to treat acne).  View
the complaint here.