By Sherri
Oslick —

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

Bayer Schering Pharma AG et al. v. Lupin Ltd. et al.
1:10-cv-00378; filed February 18, 2010 in the
District Court of Maryland

• Plaintiffs:  Bayer Schering Pharma AG; Bayer
Healthcare Pharmaceuticals Inc.; Schering Corp.
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals,
Inc.

Bayer Schering Pharma AG et al. v. Lupin Ltd. et al.
1:10-cv-00127; filed February 17, 2010 in the
District Court of Delaware

• Plaintiffs:  Bayer Schering Pharma AG; Bayer
HealthCare Pharmaceuticals Inc.; Schering Corp.
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals
Inc.

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent No. 5,695,784 ("Flavor-Masked Pharmaceutical Compositions,"
issued December 9, 1997) following a Paragraph IV certification as part of
Lupin's filing of an ANDA to manufacture a generic version of Bayer's Cipro®
Oral Suspension (ciprofloxacin, used to treat infections).  View the Delaware complaint here.

Glaxo Group Limited et al. v. Genentech, Inc. et al.
3:10-cv-00675; filed February 17, 2010 in the
Northern District of California

• Plaintiffs:  Glaxo Group Ltd.; GlaxoSmithKline
LLC
• Defendants:  Genentech, Inc.; City of Hope

Declaratory judgment of invalidity and
non-infringement of U.S. Patent No. 6,331,415 ("Methods of
Immunoglobulins, Vectors, and Transformed Host Cells for Use Therein,"
issued December 18, 2001) based on GSK's manufacture and sale of its Arzerra
product (ofatumumab, used to treat chronic lymphocytic leukemia).  View the complaint here.  [NB: Glaxo previously filed a
comparable suit in the Southern District of Florida, as reported previously in "Court Report."  That suit was dismissed by Glaxo
without prejudice.]

Monsanto Co. et al. v. Boggs Farm Center, Inc. et al.
4:10-cv-00286; filed February 17, 2010 in the
Eastern District of Missouri

• Plaintiffs:  Monsanto Co.; Monsanto Technology
LLC
• Defendants:  Boggs Farm Center, Inc.; Andrew Max
Boggs, Jr.

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

Abbott Laboratories et al. v. Sun Pharmaceutical Industries,
Ltd. et al.
2:10-cv-10656; filed February 16, 2010 in the
Eastern District of Michigan

• Plaintiffs: Abbott Laboratories; Abbott
Respiratory, LLC
• Defendants: Sun Pharmaceutical Industries, Ltd.;
Sun Pharma Global FZE

Abbott Laboratories et al. v. Sun Pharmaceutical Industries
Ltd. et al.
1:10-cv-00112; filed February 12, 2010 in the
District Court of Delaware

• Plaintiffs:  Abbott Laboratories; Abbott Respiratory
LLC
• Defendants:  Sun Pharmaceutical Industries Ltd.; Sun
Pharma Global FZE

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent Nos. 6,080,428 ("Nicotinic Acid Compositions for Treating
Hyperlipidemia and Related Methods Therefor," issued June 27, 2000) and
6,469,035 ("Methods of Pretreating Hyperlipidemic Individuals with a Flush
Inhibiting Agent Prior to the Start of Single Daily Dose Nicotinic Acid Therapy
to Reduce Flushing Provoked by Nicotinic Acid," issued October 22, 2002) following
a Paragraph IV certification as part of Sun's filing of an ANDA to manufacture
a generic version of Abbott's Niaspan® (niacin extended-release tablets, used
to treat hypercholesterolemia).  View the Delaware complaint here.

Cephalon Inc. et al. v. Sandoz Inc.
1:10-cv-00123; filed February 16, 2010 in the
District Court of Delaware

• Plaintiffs:  Cephalon Inc.; CIMA Labs Inc.
• Defendant:  Sandoz Inc.

Infringement of U.S. Patent Nos. 6,200,604 ("Sublingual
Buccal Effervescent," issued March 13, 2001) and 6,974,590 (same title,
issued December 13, 2005) following a Paragraph IV certification as part of Sandoz's
filing of an ANDA to manufacture a generic version of Cephalon's Fentora®
(fentanyl citrate buccal tablets, used to treat breakthrough pain in adult
patients with cancer).  View the
complaint here.

Medicis Pharmaceutical Corp. v. Ranbaxy Inc. et al.
1:10-cv-00120; filed February 16, 2010 in the
District Court of Delaware

• Plaintiff:  Medicis Pharmaceutical Corp.
• Defendants:  Ranbaxy Inc.; Ranbaxy Laboratories
Ltd.

Infringement of U.S. Patent No. 5,908,838 ("Method
for the Treatment of Acne," issued June 1, 1999) following a Paragraph IV
certification as part of Ranbaxy's filing of an ANDA to manufacture a generic
version of Medics' Solodyn® (minocycline hydrochloride extended release
tablets, used to treat acne).  View
the complaint here.

Alcon Research, Ltd. et al. v. Wockhardt Ltd. et al.
1:10-cv-00181; filed February 12, 2010 in the
Southern District of Indiana

• Plaintiffs:  Alcon Research, Ltd.; Alcon
Laboratories, Inc.; Kyowa Hakko Kirin Co., Ltd.
• Defendants:  Wockhardt Ltd.; Wockhardt USA,
LLC

Infringement of U.S. Patent No. 5,641,805 following
a Paragraph IV certification as part of Wockhardt's filing of an ANDA to
manufacture a generic version of Alcon's Patanol® (olopatadine hydrochloride
ophthalmic solution, used to treat ocular itching associated with allergic
conjunctivitis).  View the complaint here.

Merck Sharp & Dohme Corp. v. Kappos
1:10-cv-00203; filed February 5, 2010 in the
District Court of the District of Columbia

Review and correction of the patent term adjustment
calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 7,572,922
("Substituted Pyrazoles, Compositions Containing Such Compounds and
Methods of Use," issued August 11, 2009).  View the complaint here.