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. Slusser
4:10-cv-00075; filed January 14, 2010 in the
Eastern District of Missouri

• Plaintiffs:  Monsanto Co.; Monsanto Technology,
LLC
• Defendant:  Kevin Slusser

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 defendant's use of soybean seed produced from earlier planted Roundup
Ready® soybean seed.  View the
complaint here.

Alza Corp. et al. v. Kremers Urban LLC et al.
1:10-cv-00023; filed January 8, 2010 in the
District Court of Delaware

• Plaintiffs:  Alza Corp.; Ortho-McNeil-Janssen
Pharmaceuticals Inc.
• Defendants:  Kremers Urban LLC; KUDCO Ireland
Ltd.

Infringement of U.S. Patent Nos. 6,919,373 ("Methods
and Devices for Providing Prolonged Drug Therapy," issued July 19, 2005)
and 6,930,129 (same title, issued August 16, 2005) following a Paragraph IV
certification as part of Kremers' filing of an ANDA to manufacture a generic
version of Alza's Concerta® (methylphenidate hydrochloride, used to treat attention
deficit hyperactivity disorder).  View the complaint here.

Allergan Inc. v. Sandoz Inc.
1:10-cv-00024; filed January 8, 2010 in the
District Court of Delaware

Infringement of U.S. Patent Nos. 5,688,819 ("Cyclopentane
Heptanoic Acid, 2-Cycloalkyl or Arylalkyl Derivatives as Therapeutic Agents,"
issued November 18, 1997) and 6,403,649 ("Non-acidic Cyclopentane
Heptanoic Acid, 2-Cycloalkyl or Arylalkyl Derivatives as Therapeutic Agents,"
issued June 11, 2002) following a Paragraph IV certification as part of Barr's
filing of an ANDA to manufacture a generic version of Allergan's Lumigan®
(0.03% bimatoprost ophthalmic solution, used to treat lower intraocular eye
pressure in people with open-angle glaucoma or ocular hypertension).  View the complaint here.

AstraZeneca Pharmaceuticals LP et al. v. Teva
Parenteral Medicines Inc. et al.
1:10-cv-00018; filed January 7, 2010 in the
District Court of Delaware

• Plaintiffs:  AstraZeneca Pharmaceuticals LP;
AstraZeneca UK Ltd.; AstraZeneca AB
• Defendants:  Teva Parenteral Medicines Inc.; Teva
Pharmaceuticals USA Inc.; Teva Pharmaceutical Industries Ltd.

Infringement of U.S. Patent Nos. 6,744,122 ("Formulation,"
issued August 10, 2004) and 7,456,160 (same title, issued November 25, 2008) following
a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture
a generic version of AstraZeneca's Faslodex® (fulvestrant, used to treat metastatic
hormone receptor-positive breast cancer).  View the complaint here.

Teva Women's Health, Inc. v. Lupin, Ltd. et al.
2:10-cv-00080; filed January 6, 2010 in the District
Court of New Jersey

• Plaintiff:  Teva Women's Health, Inc.
• Defendants: Lupin, Ltd.; Lupin Pharmaceuticals
Inc.; Watson Laboratories, Inc.; Watson Pharmaceuticals, Inc.

Infringement of U.S. Patent No. 7,615,545 ("Oral
Contraceptives to Prevent Pregnancy and Diminish Premenstrual Symptomatology,"
issued November 10, 2009) following a Paragraph IV certification as part of Lupin's
filing of an ANDA to manufacture a generic version of Teva's LoSeasonique®
(ethinyl estradiol and levonorgestrel, used as oral contraception).  View the complaint here.