By Sherri
Oslick —

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

Watson Laboratories, Inc. vs Teva Women's Health, Inc.
3:10-cv-00115; filed February 25, 2010 in the
District Court of Nevada

Declaratory judgment of invalidity and
non-infringement of U.S. Patent No. 7,615,545 ("Oral Contraceptives to
Prevent Pregnancy and Diminish Premenstrual Symptomatology," issued
November 10, 2009) based on Watson's filing of an ANDA to manufacture a generic
version of Teva Women's Health's (formerly Duramed) Seasonique®
(levonorgestrel/ethinyl estradiol, used as oral contraception).  View the complaint here.

Bio-Reference Laboratories, Inc. v. Assistance Publique –
Hopitaux De Paris et al.
1:10-cv-00292; filed February 24, 2010 in the
District Court of the District of Columbia

• Plaintiff: Bio-Reference Laboratories, Inc.
• Defendants: Assistance Publique – Hopitaux De
Paris; Institut National De La Sante Et De La Recherche Medicale (INSERM);
Institut Gustave Roussy; Universite De Versailles – St. Quentin En Yvelines;
Universite Paris – SUD

Declaratory judgment of invalidity and
non-infringement of U.S. Patent No. 7,429,456 ("Identification of a JAK2
Mutation in Polycythemia Vera," issued September
20, 2008) based on Bio-Reference's JAK2 diagnostic testing.  View the complaint here.

Graceway Pharmaceuticals, LLC et al. v. Perrigo Co. et al.
2:10-cv-00937; filed February 23, 2010 in the
District Court of New Jersey

• Plaintiffs: Graceway Pharmaceuticals, LLC; 3M
Innovative Properties Co.
• Defendants: Perrigo Co.; Perrigno Israel
Pharmaceuticals Ltd.; Nycomed U.S. Inc.

Infringement of U.S. Patent No. 7,655,672 ("Immune
Response Modifier Formulations Containing Oleic Acid and Methods," issued
February 2, 2010) following a Paragraph IV certification as part of Perrigo's
filing of an ANDA to manufacture a generic version of Graceway's Aldara®
(imiquimod cream, used for the topical treatment actinic keratoses, superficial
basal cell carcinoma, and external genital and perianal warts).  View the complaint here.

Millennium Pharmaceuticals Inc. et al. v. Teva Parenteral
Medicines Inc. et al.
1:10-cv-00137; filed February 19, 2010 in the
District Court of Delaware

• Plaintiffs: Millennium Pharmaceuticals Inc.;
Schering Corp.
• Defendants: Teva Parenteral Medicines Inc.; Teva
Pharamceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.

Infringement of U.S. Patent Nos. 5,747,447 ("Stable
Polypeptide Composition," issued May 5, 1998) and 5,968,902 ("Platelet
Aggregation Inhibitors," issued October 19, 1999), licensed to Schering
Corp., following a Paragraph IV certification as part of Teva's filing of an
ANDA to manufacture a generic version of Schering's Integrilin® (eptifibatide
injection, used to treat acute coronary syndrome).  View the complaint here.

Endo Pharmaceuticals Inc. et al. v. Watson Laboratories Inc. et
al.

1:10-cv-00138; filed February 19, 2010 in the
District Court of Delaware

• Plaintiffs: Endo Pharmaceuticals Inc.; Teikoku
Pharma USA Inc.; Teikoku Seiyaku Co Ltd.
• Defendants: Watson Laboratories Inc.; Watson
Pharmaceuticals Inc.; Watson Pharma Inc.

Infringement of U.S. Patent No. 5,827,529 ("External
Preparation for Application to the Skin Containing Lidocaine," issued
October 27, 1998), licensed to Endo, following a Paragraph IV certification as
part of Watson's filing of an ANDA to manufacture a generic version of Endo's Lidoderm®
(lidocaine patch, used to treat after-shingles pain).  View the complaint here.

Galderma Laboratories LP et al. v. Taro Pharmaceuticals USA Inc. et al.
4:10-cv-00114; filed February 19, 2010 in the
Northern District of Texas

• Plaintiffs: Galderma Laboratories LP; Galderma
SA
• Defendants: Taro Pharmaceuticals USA Inc.; Tara
Pharmaceutical Industries Ltd.

Infringement of U.S. Patent No. 6,106,848 ("Topically
Applicable O/W Emulsions Having High Glycol Content and At Least One
Biologically Active Agent," issued August 22, 2000) following a Paragraph
IV certification as part of Taro's filing of an ANDA to manufacture a generic
version of Galderma's Clobex® (clobetasol propionate lotion, used for the
treatment of moderate to severe plaque psoriasis).  View the complaint here.

Cephalon, Inc. et al. v. Sandoz, Inc.
1:10-cv-00351; filed February 18, 2010 in the
District Court of Colorado

• 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.

Boehringer Ingelheim Pharma GMBH & Co. KG et al. v. Kappos
1:10-cv-00253; filed February 18, 2010 in the
District Court of the District of Columbia

• Plaintiffs: Boehringer Ingelheim Pharma GMBH
& Co. KG; Boehringer Ingelheim International GMBH; Boehringer Ingelheim
Pharmaceuticals, Inc.
• Defendant: David Kappos

Review and correction of the patent term adjustment
calculation made by the U.S. Patent and Trademark Office for U.S. Patent No.
7,579,449 ("Glucopyranosyl-Substituted Phenyl Derivatives, Medicaments
Containing Such Compounds, and Their Use and Process for Their Manufacture,"
issued August 25, 2009).  View the
complaint here.

Biovail Laboratories International SRL v. Watson
Pharmaceuticals Inc. et al.
1:10-cv-00133; filed February 18, 2010 in the
District Court of Delaware

• Plaintiff: Biovail Laboratories International SRL
• Defendants: Watson Pharmaceuticals Inc.; Watson
Laboratories Inc. – Florida; Watson Pharma Inc.

Biovail Laboratories International SRL v. Watson
Pharmaceuticals Inc. et al.
1:10-cv-20526; filed February 19, 2010 in the
Southern District of Florida

• Plaintiff: Biovail Laboratories International SRL
• Defendants: Watson Pharmaceuticals Inc.; Watson
Laboratories, Inc. – Florida; Watson Pharma, Inc.

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent Nos. 7,569,610 ("Modified Release Formulations of a Bupropion Salt,"
issued August 4, 2009), 7,572,935 (same title, issued August 11, 2009),
7,649,019 (same title, issued January 19, 2010), 7,563,823 (same title, issued
June 21, 2009), and 7,553,992 (same title, issued June 30, 2009) following a
Paragraph IV certification as part of Waton's filing of an ANDA to manufacture
a generic version of Biovail's Aplenzin ER (bupropion, used to treat depression).  View the Delaware complaint here.

Shionogi Pharma Inc. et al. v. Mylan Inc. et al.
1:10-cv-00135; filed February 18, 2010 in the
District Court of Delaware

• Plaintiffs: Shionogi Pharma Inc.; Andrx Corp.;
Andrx Pharmaceuticals Inc. (also known as Watson Laboratories Inc. – Florida);
Andrx Pharmaceuticals LLC; Andrx Laboratories (NJ) Inc.; Andrx EU Ltd.; Andrx
Labs LLC
• Defendants: Mylan Inc.; Mylan Pharmaceuticals
Inc.

Infringement of U.S. Patent Nos. 6,099,859 ("Controlled
Release Oral Tablet Having a Unitary Core," issued August 8, 2000) and
6,866,866 ("Controlled Release Metformin Compositions," issued March
15, 2005), both licensed to Shionogi, following a Paragraph IV certification as
part of Mylan's filing of an ANDA to manufacture a generic version of Shionogi's
Fortamet® (extended release metformin hydrochloride, used to treat Type 2
diabetes).  View the complaint here.

Takeda Pharmaceutical Co. et al. v. Aurobindo
Pharma Ltd. et al.
1:10-cv-01339; filed February 18, 2010 in the
Southern District of New York

• Plaintiffs: Takeda Pharmaceutical Co.; Takeda Pharmaceutical North America, Inc.; Takeda Global Research and
Development Center, Inc.
• Defendants: Aurobindo Pharma Ltd.; Aurobindo
Pharma USA Inc.

Infringement of U.S. Patent Nos. 5,965,584 ("Pharmaceutical
Composition," issued October 12, 1999), 6,166,043 (same title, issued
December 26, 2000), and 6,172,090 (same title, issued January 9, 2001)
following a Paragraph IV certification as part of Aurobindo's filing of an ANDA
to manufacture a generic version of Takeda's Actoplus MET® (pioglitazone
hydrochloride and metformin, used to treat type II diabetes).  View the complaint here.

Arius Two, Inc. v. Kappos
1:10-cv-00225; filed February 16, 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. 7,579,019
("Pharmaceutical Carrier Device Suitable for Delivery of Pharmaceutical Compounds
to Mucosal Surfaces," issued August 25, 2009).  View the complaint here.

Cephalon, Inc. v. Kappos
1:10-cv-00235; filed February 12, 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.
7,576,206 ("Proteasome Inhibitors and Methods of Using the Same,"
issued August 18, 2009).  View the
complaint here.

Idera Pharmaceuticals, Inc. v. Kappos
1:10-cv-00166; filed January 29, 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. 7,517,862 "Synergistic Treatment of Cancer
Using Immunomers in Conjunction with Therapeutic Agents," issued August 4,
2009).  View the complaint here.