By Sherri Oslick

Gavel_2About
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.


Daiichi Sankyo Co. Ltd. et al. v. Sandoz Inc.
1:09-cv-00898; filed November 25, 2009 in the
District Court of Delaware

• Plaintiffs: 
Daiichi Sankyo Co. Ltd.; Daiichi Sankyo Inc.
• Defendant: 
Sandoz Inc.

Infringement of U.S. Patent No. 5,340,821 ("Composition
and Method for Treating Sjoegren Syndrome Disease," issued August 23,
1994) in conjunction with Sandoz's filing of an ANDA to manufacture a generic
version of Daiichi's Evoxac® (cevimeline hydrochloride, used to treat symptoms
of dry mouth in patients with Sjogren's Syndrome).  View the complaint
here.


Nycomed U.S. Inc. v. Perrigo Israel Pharmaceuticals, Ltd. et
al.

1:09-cv-05123; filed November 20, 2009 in the
Eastern District of New York

• Plaintiff: 
Nycomed U.S. Inc.
• Defendants: 
Perrigo Israel Pharmaceuticals, Ltd.; Perrigo Co.

Infringement of U.S. Patent No. 7,300,669 ("Fluticasone
Lotion Having Improved Vasoconstrictor Activity," issued November 27,
2007) following a Paragraph IV certification as part of Perrigo's filing of an
ANDA to manufacture a generic version of Nycomed's Cutivate® Lotion
(fluticasone propionate, used to treat eczema).  View the complaint
here.


Allergan Inc. et al. v. Sandoz Inc.
1:09-cv-00882; filed November 19, 2009 in the
District Court of Delaware

• Plaintiffs: 
Allergan Inc.; Allergan USA Inc.; Allergan Sales LLC; Endo
Pharmaceuticals Solutions Inc.; Supernus Pharmaceuticals Inc.
• Defendant: 
Sandoz Inc.

Infringement of U.S. Patent No. 7,410,978 ("Once
Daily Dosage Forms of Trospium," issued August 12, 2008) following a Paragraph
IV certification as part of Sandoz's filing of an ANDA to manufacture a generic
version of Allergan's Sanctura XR® (trospium, used to treat overactive
bladder).  View the complaint
here.


Abbott Laboratories et al. v. Teva Parenteral Medicines Inc. et
al.

1:09-cv-00884; filed November 19, 2009 in the
District Court of Delaware

• Plaintiffs: 
Abbott Laboratories; Wisconsin Alumni Research Foundation
• Defendants: 
Teva Parenteral Medicines Inc.; Teva Pharmaceuticals USA Inc.; Teva
Pharmaceutical Industries Ltd.

Infringement of U.S. Patent Nos. 5,246,925 ("19-nor-Vitamin
D Compounds for Use in Treating Hyperparathyroidism," issued September 21,
1993), 5,587,497 ("19-nor-Vitamin D Compounds," issued December 24,
1996), and 6,136,799 ("Cosolvent Formulations," issued October 24,
2000) following a Paragraph IV certification as part of Teva's filing of an
ANDA to manufacture a generic version of Abbott's Zemplar® (paricalcitol, used
to treat secondary hyperparathyroidism in patients with kidney failure).  View the complaint
here.






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