By Sherri
Oslick

Gavel_2About
Court
Report:  Each week we will report briefly on recently filed
biotech and pharma cases.


Genetic Technologies Ltd. v. Beckman Coulter, Inc. et al.
3:10-cv-00069; filed February 12, 2010 in the
Western District of Wisconsin

• Plaintiff: 
Genetic Technologies Ltd.
• Defendants: 
Beckman Coulter, Inc.; Gen-Probe, Inc.; Interleukin Genetics Inc.;
Molecular Pathology Laboratory Network, Inc.; Monsanto, Inc.; Orchid Cellmark,
Inc.; PIC USA, Inc.; Pioneer Hi-bred International, Inc.; Sunrise Medical
Laboratories, Inc.

Infringement of U.S. Patent No. 5,612,179 ("Intron
Sequence Analysis Method for Detection of Adjacent Locus Alleles as Haplotypes,"
issued March 18, 1997) based on defendants' manufacture and sale or offering of
genotyping and genomic services, kits for gene mutation analysis, genetic
testing services, and/or genetically engineered animal or plant lines.  View the complaint
here.


Purdue Pharma L.P. v. King Pharmaceuticals Inc. et al.
3:10-cv-00687; filed February 9, 2010 in the
District Court of New Jersey

• Plaintiff:  Purdue Pharma L.P.
• Defendants:  King Pharmaceuticals Inc; Alpharma Inc.

Infringement of U.S. Patent No. 7,658,939 ("Tamper-Resistant
Oral Opioid Agonist Formulations," issued February 9, 2010) based on
defendants' manufacture and sale of its EMBEDA product (morphine sulfate and
naltrexone hydrochloride extended release capsules, used in the management of
moderate to severe pain).  View the
complaint
here.


Mission Pharmacal Co. v. Trigen Laboratories, Inc.
5:10-cv-00112; filed February 9, 2010 in the
Western District of Texas

Infringement of U.S. Patent No. 6,521,247 ("Dual
Iron Containing Nutritional Supplement," issued February 18, 2003) based
on Trigen's manufacture and sale of TARON A PRENATAL (prenatal supplements,
used for combating iron deficiency anemia during pregnancy).  View the complaint
here.


Alzheimer's Institute of America v. Elan Corp. PLC et al.
3:10-cv-00482; filed February 2, 2010 in the
Northern District of California

• Plaintiff:  Alzheimer's Institute of America
• Defendants:  Elan Corp. PLC; Eli Lilly & Company; AnaSpec Inc.;
Immuno-Biological Laboratories, Inc.; Life Technologies Corp. d/b/a Invitrogen
Corp.; The Jackson Laboratory; Phoenix Pharmaceuticals, Inc.

Infringement of U.S. Patent Nos. 5,455,169 ("Nucleic
Acids for Diagnosing and Modeling Alzheimer's Disease," issued October 3,
1995), 5,795,963 ("Amyloid Precursor Protein in Alzheimer's Disease,"
issued August 18, 1998), 6,818,448 ("Isolated Cell Comprising HAPP 670/671
DNAS Sequences," issued November 16, 2004), and 7,538,258 ("Transgenic
Mouse Expressing an APP 670/671 Mutation," issued May 26, 2009) based on
defendants' use of Alzheimer's Institute's Alzheimer's Disease-related
technology, including conducting research involving the use of, manufacturing
and selling detection systems for, and/or manufacturing and selling products
containing the Swedish mutation.  View the complaint
here.


Lupin Ltd et al. v. Merck, Sharp & Dohme Corp.
3:10-cv-00683; filed February 1, 2010 in the
District Court of New Jersey

• Plaintiffs:  Lupin Ltd; Lupin Pharmaceuticals, Inc.
• Defendant:  Merck, Sharp & Dohme Corp.

Declaratory judgment of non-infringement of U.S.
Patent Nos. 6,147,103 ("Omeprazole Process and Compositions Thereof,"
issued November 14, 2000), 6,166,213 (same title, issued December 26, 2000),
6,191,148 (same title, issued February 20, 2001), in conjunction with Lupin's
filing of an ANDA to manufacture a generic version of AstraZeneca's Nexium®
(esomeprazole magnesium, used for the treatment of gastroesophageal reflux
disease).  View the complaint
here.


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One response to “Court Report”

  1. Dan Feigelson Avatar

    The Alzheimer’s Institute suit is yet another counter-example to those who say patents on genes will impede basic research. None of the defendants are academic laboratories.

    Like

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