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.

Eli Lilly and Company v. APP Pharmaceuticals, LLC et al.
1:09-cv-01551; filed December 16, 2009 in the
Southern District of Indiana

• Plaintiff: 
Eli Lilly and Company
• Defendants: 
APP Pharmaceuticals, LLC; APP Pharmaceuticals, Inc.

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 APP
Pharmaceutical'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.

Syngenta Seeds, Inc. v. Bayer Bioscience N.V.
1:09-cv-02370; filed December 15, 2009 in the
District Court of the District of Columbia

Declaratory judgment of non-infringement and
invalidity of U.S. Patent Nos. 5,866,784 ("Recombinant Plant Expressing
Non-Competitively Binding Insecticidal Crystal Proteins," issued February
2, 1999), 5,908,970 ("Recombinant Plant Expressing Non-Competitively
Binding BT Insecticidal Crystal Proteins," issued June 1, 1999), and
6,172,281 (same title, issued January 9, 2001) based on Syngenta's development
and anticipated sales of corn containing combinations of insect resistance
derived from the bacterium Bacillus
thuringiensis.  View the
complaint here.

Cephalon France et al. v. Mylan Pharmaceticals, Inc. et al.
1:09-cv-00165; filed December 14, 2009 in the
Northern District of West Virginia

• Plaintiffs: 
Cephalon France; Cephalon, Inc.
• Defendants: 
Mylan Pharmaceticals, Inc.; Mylan Inc.; Matrix Laboratories Ltd.;
Matrix Laboratories Inc.

Cephalon Inc. et al. v. Mylan Pharmaceuticals Inc. et al.
1:09-cv-00954; filed December 11, 2009 in the
District Court of Delaware

• Plaintiffs: 
Cephalon Inc.; Cephalon France
• Defendants: 
Mylan Pharmaceuticals Inc.; Mylan Inc.; Matrix Laboratories Ltd.;
Matrix Laboratories Inc.

Cephalon, Inc. et al. v. Actavis Group et al.
2:09-cv-06239; filed December 10, 2009 in the
District Court of New Jersey

• Plaintiffs: 
Cephalon, Inc.; Cephalon France
• Defendants: 
Actavis Group; Actavis Pharma Manufacturing Pvt. Ltd.; Actavis Inc.

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent Nos. RE37,516 ("Acetamide Derivative Having Defined Particle Size,"
issued January 15, 2002) and 7,132,570 ("Method for the Production of
Crystalline Forms of Optical Enantiomers of Modafinil," issued November 7,
2006) following a Paragraph IV certification as part of Mylan's filing of an
ANDA to manufacture a generic version of Cephalon's Nuvigil® (armodafinil, used
to improve wakefulness in patients with excessive sleepiness associated with
obstructive sleep apnea/hypopnea syndrome, narcolepsy, and shift work sleep
disorder).  View the Delaware Mylan complaint here.

Wyeth Holdings Corp. et al. v. Sandoz Inc.
1:09-cv-00955; filed December 11, 2009 in the
District Court of Delaware

• Plaintiffs: 
Wyeth Holdings Corp.: Wyeth-Ayerst Lederle LLC
• Defendant: 
Sandoz Inc.

Infringement
of U.S. Patent No. RE40,183 ("7-Substituted-9-Substituted
Amino-6-Demethyl-6-Deoxytetracyclines," issued March 25, 2008), licensed
to Wyeth-Ayerst Lederle, following a Paragraph IV certification as part of Sandoz's
filing of an ANDA to manufacture a generic version of Wyeth's Tygacil® (tigecycline
injectible, used for the treatment of complicated skin and skin structure
infections, complicated intra-abdominal infections, and community-acquired
bacterial pneumonia caused by susceptible strains of designated microorganisms).  View the complaint here.

Seattle Children's Hospital et al. v. Teva Parenteral Medicines
Inc. et al.
1:09-cv-00949; filed December 10, 2009 in the
District Court of Delaware

• Plaintiffs: 
Seattle Children's Hospital; Novartis AG; Novartis Vaccines and
Diagnostics Inc.; Novartis Pharmaceuticals Corp.
• Defendants: 
Teva Parenteral Medicines Inc.; Teva Pharmaceutical Industries Ltd.;
Teva Pharmaceuticals USA, Inc.

Infringement
of U.S. Patent No. 5,508,269 ("Aminoglycoside Formulation for
Aerosolization," issued April 16, 1996) following a Paragraph IV
certification as part of Teva's filing of an ANDA to manufacture a generic
version of Novartis' TOBI® (tobramycin inhalation solution, used in the
management of cystic fibrosis patients with Pseudomonas aeruginosa).  View the complaint here.