By Sherri
Oslick —

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

Biogen Idec, Inc. et al. v. Glaxosmithkline LLC et al.
3:10-cv-00608; filed March 24, 2010 in the Southern
District of California

• Plaintiffs: 
Biogen Idec, Inc.; Genentech, Inc.
• Defendants:  Glaxosmithkline LLC; Glaxo Group Ltd.

Infringement of U.S. Patent No. 7,682,612 ("Treatment
of Hematologic Malignancies Associated with Circulating Tumor Cells Using
Chimeric Anti-CD20 Antibody," issued March 23, 2010) based on GSK's
manufacture and sale of its Arzerra product (ofatumumab, used to treat chronic
lymphocytic leukemia).  View the
complaint here.

Gen-Probe Inc. v. Becton, Dickinson & Co.
3:10-cv-00602; filed March 23, 2010 in the Southern
District of California

Infringement of U.S. Patent No. 7,560,255 ("Automated
Process for Detecting the Presence of a Target Nucleic Acid in a Sample,"
issued July 14, 2009), 7,524,652 (same title, issued April 28, 2009), 7,482,143
(same title, issued January 27, 2009), and 7,118,892 (same title, issued
October 10, 2006) based on BD's manufacture and sale of its BD MAX System
nucleic acid testing system.  View
the complaint here.

Eli Lilly & Co. v. Hospira, Inc.
1:10-cv-00346; filed March 23, 2010 in the Southern
District of Indiana

Infringement of U.S. Patent Nos. 4,808,614 ("Difluoro
Aantivirals and Intermediate Therefore," issued February 18, 1989) and
5,464,826 ("Method of Treating Tumors in Mammals with 2',2'-difluoronucleosides,"
issued November 7, 1995) following a Paragraph IV certification as part of Hospira's
filing of an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to
manufacture a generic version of Lilly's Gemzar® (gemcitabine hydrochloride for
injection, used to treat non-small cell lung cancer, pancreatic cancer, breast
cancer, and ovarian cancer).  View
the complaint here.

Sanofi-Aventis U.S. LLC et al. v. Wockhardt Ltd. et al.
3:10-cv-01471; filed March 23, 2010 in the District
Court of New Jersey

• Plaintiffs: 
Sanofi-Aventis U.S. LLC; Aventisub II INC.; Carderm Capital L.P.
• Defendants: 
Wockhardt Ltd.; Wockhardt USA LLC; Wockhardt USA Inc.

Infringement of U.S. Patent Nos. 7,138,524 ("Processes
for Preparing Anhydrous and Hydrate Forms of Antihistamine Piperidine
Derivatives, Polymorphs and Pseudomorphs Thereof," issued November 21,
2006), 7,135,571 ("Processes for Preparing Anhydrous and Hydrate Forms of
Antihistaminic Piperidine Derivatives, Polymorphs and Pseudomorphs Thereof,"
issued November 14, 2006), 6,399,632 ("Method of Providing an
Antihistaminic Effect in a Hepatically Impaired Patient," issued June 4,
2002), 6,187,791 (same title, issued February 13, 2001), and 6,037,353 (same
title, issued March 14, 2000) following a Paragraph IV certification as part of
Wockhardt's filing of an ANDA to manufacture a generic version of Aventis'
Allegra-D® 12 Hour (fexofenadine hydrochloride/pseudoephedrine, used to treat
allergies).  View the complaint here.

Meda Pharmaceuticals Inc. v. Zydus Pharmaceuticals USA, Inc.
3:10-cv-01475; filed March 22, 2010 in the District
Court of New Jersey

Infringement of U.S. Patent No. 5,164,194 ("Azelastine
Containing Medicaments," issued November 17, 1992) following a Paragraph
IV certification as part of Zydus' filing of an ANDA to manufacture a generic
version of Meda's Astelin® (azelastine hydrochloride nasal spray solution, used
to seasonal allergic rhinitis). 
View the complaint here.

Promote Innovation LLC v. Sanofi-Aventis US LLC
2:10-cv-00099; filed March 22, 2010 in the Eastern
District of Texas

False marking based on Sanofi-Aventis' marking of its
DDAVP products indicating that these products are covered by U.S. Patent No.
5,047,398 ("DDAVP Antidiuretic and Method Therefor," issued September
10, 1991), which was declared unenforceable.  View the complaint here.

Warner Chilcott Co., LLC et al. v. Heritage Pharmaceuticals
Inc.
2:10-cv-01401; filed March 17, 2010 in the District
Court of New Jersey

• Plaintiffs:  Warner Chilcott Co., LLC; Warner
Chilcott (US), LLC; Mayne Pharma International Pty. Ltd.
• Defendant:  Heritage Pharmaceuticals Inc.

Infringement of U.S. Patent No. 6,958,161 ("Modified
Release Coated Drug Preparation," issued October 25, 2005) following a
Paragraph IV certification as part of Heritage's filing of an ANDA to
manufacture a generic version of Warner Chilcott's Doryx® (modified release
doxycycline hyclate, used to treat a variety of bacterial infections).  View the complaint here.