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.

Abbott Laboratories, Inc. et al. v. Apotex Inc. et al.
1:09-cv-07968; filed December 22, 2009 in the
Northern District of Illinois

• Plaintiff: 
Abbott Laboratories, Inc.; Abbott GmbH & Co. KG
• Defendants: 
Apotex Inc.; Apotex Corp.

Infringement
of U.S. Patent No. 5,436,272 ("Treatment of Obesity, issued July 25, 1995)
following a Paragraph IV Certification as part of Apotex's filing of an ANDA to
manufacture a generic version of Abbott's Meridia® (sibutramine hydrochloride,
used to treat obesity).  View the compliant here.

Schering Corp. v. Apotex Inc. et al.
1:09-cv-07923; filed December 22, 2009 in the
Northern District of Illinois

• Plaintiff: Schering Corp.
• Defendants: Apotex Inc.; Apotex Corp.

Schering Corp. v. Apotex Inc. et al.
3:09-cv-06373; filed December 18, 2009 in the
District Court of New Jersey

• Plaintiff: 
Schering Corp.
• Defendants: 
Apotex Inc.; Apotex Corp.

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent Nos. 5,837,699 ("Use of Mometasone Furoate for Treating Upper
Airway Passage Diseases," issued November 17, 1998), 6,127,353 ("Mometasone Furoate
Monohydrate, Process for Making Same and Pharmaceutical Compositions,"
issued October 3, 2000), and 6,723,713 ("Use of Mometasone Furoate for
Treating Upper Airway Passage Diseases," issued April 20, 2004) following
a Paragraph IV certification as part of Apotex's filing of an ANDA to
manufacture a generic version of Schering's Nasonex® (mometasone furoate monohydrate metered
nasal spray, used to treat diseases of the upper airways, including allergic
and nonallergic rhinitis).  View
the N.D. Illinois complaint here.

Depomed, Inc v. Lupin Pharmaceuticals, Inc. et al.
1:09-cv-03406; filed December 21, 2009 in the
District Court of Maryland

• Plaintiff: 
Depomed, Inc
• Defendants: 
Lupin Pharmaceuticals, Inc.; Lupin Ltd.

Infringement of U.S. Patent Nos. 6,723,340 ("Optimal
Polymer Mixtures for Gastric Retentive Tablets," issued April 20, 2004),
6,635,280 ("Extending the Duration of Drug Release Within the Stomach
During the Fed Mode," issued October 21, 2003), 6,488,962 ("Tablet
Shapes to Enhance Gastric Retention of Swellable Controlled-Release Oral Dosage
Forms, issued December 3, 2002), and 6,340,475 ("Extending the Duration of
Drug Release Within the Stomach During the Fed Mode," issued January 22,
2002) following a Paragraph IV certification as part of Lupin's filing of an
ANDA to manufacture a generic version of Depomed's Glumetza® (metformin
hydrochloride extended release tablets, used to improve glycemic control in
adults with type 2 diabetes mellitus).  View the complaint here.  [NB: Depomed previously filed suit for the same cause of action against
Lupin in the Northern District of California, as noted in the December 7, 2009 edition of "Court Report."]

Abbott Laboratories v. Sandoz, Inc.
3:09-cv-06402; filed December 21, 2009 in the
District Court of New Jersey

Abbott Laboratories v. Sandoz Inc.
1:09-cv-00972; filed December 18, 2009 in the
District Court of Delaware

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent No. 5,453,510 ("Neuromuscular Blocking Agents," issued
September 26, 1995) following a Paragraph IV certification as part of Sandoz's
filing of an ANDA to manufacture a generic version of Abbott's Nimbex® (cisatracurium
besylate, used as a skeletal muscle relaxant).  View the Delaware complaint here.

Schering Corp. et al. v. Mylan Pharmaceuticals Inc. et
al.
1:09-cv-00167; filed December 18, 2009 in the
Northern District of West Virginia

• Plaintiffs: 
Schering Corp.; MSP Singapore Co. LLC
• Defendants: 
Mylan Pharmaceuticals Inc.; Mylan Inc.

Schering Corp. et al. v. Mylan Pharmaceuticals Inc. et
al.
2:09-cv-06383; filed December 16, 2009 in the
District Court of New Jersey

• Plaintiffs: 
Schering Corp.; MSP Singapore Co. LLC
• Defendants: 
Mylan Pharmaceuticals Inc.; Mylan Inc.

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent Nos. RE37,721 ("Hydroxy-Substituted Azetidinone Compounds Useful as
Hypocholesterolemic Agents," issued May 28, 2002) and 5,846,966 ("Combinations
of Hydroxy-Aubstituted Azetidinone Compounds and HMG CoA Reductase Inhibitors,"
issued December 8, 1998) following a Paragraph IV certification as part of
Mylan's filing of an ANDA to manufacture a generic version of MSP's Vytorin®
(ezetimibe and simvastatin, used to treat hyperlipidemia).  View the New Jersey complaint here.

Hoffmann-La
Roche Inc. v. Roxane Laboratories, Inc. et al.
2:09-cv-06335;
filed December 15, 2009 in the District Court of New Jersey

•
Plaintiff:  Hoffmann-La Roche Inc.
•
Defendants:  Roxane Laboratories,
Inc.; Boehringer Ingelheim Roxane, Inc.

Infringement of U.S. Patent No. 5,472,949 ("N4-(Substituted-Oxycarbonyl)-5'-Deoxy-5-Fluorocytidine
Compounds, Compositions and Methods of Using Same," issued December 5, 1995)
following a Paragraph IV certification as part of Roxane's filing of an ANDA to
manufacture a generic version of Roche's Xeloda® (capecitabine, used to treat
breast and colorectal cancer and Dukes' C Stage III colon cancer).  View the complaint here.