By Sherri
Oslick —

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

Warner Chilcott Co. LLC et al. v. Mylan Pharmaceuticals
Inc.
1:10-cv-00285; filed April 8, 2010 in the District
Court of Delaware

• Plaintiffs: 
Warner Chilcott Co. LLC; Hoffmann-La Roche Inc.
• Defendant: 
Mylan Pharmaceuticals Inc.

Infringement of U.S. Patent No. 7,192,938 ("Method
of Treatment Using Bisphosphonic Acid," issued March 20, 2007), licensed
to Warner Chilcott, following a Paragraph IV certification as part of Mylan's
filing of an ANDA to manufacture a generic version of Warner Chilcott's
Once-a-Month Actonel® (risedronate sodium, used to treat and prevent
postmenopausal osteoporosis).  View
the complaint here.

LEO Pharma A/S v. Tolmar Inc.
1:10-cv-00269; filed April 6, 2010 in the District
Court of Delaware

Infringement of U.S. Patent No. RE39,706 ("Crystalline
Form of Vitamin D Analogue," issued June 26, 2007) following a Paragraph
IV certification as part of Tolmar's filing of an ANDA to manufacture a generic
version of LEO's Dovonex® cream (calcipotriene monohydrate, used to treat
psoriasis).  View the complaint here.

Takeda Pharmaceutical Co. et al. v. Zydus
Pharmaceuticals (USA) Inc. et al.
3:10-cv-01723; filed April 5, 2010 in the District
Court of New Jersey

• Plaintiffs: 
Takeda Pharmaceutical Co.; Takeda Pharmaceuticals North
America, Inc.; Takeda Pharmaceuticals LLC; Takeda Pharmaceuticals America,
Inc.; Ethypharm, S.A.
• Defendants: 
Zydus Pharmaceuticals (USA) Inc.; Cadila Healthcare Ltd.

Infringement of U.S. Patent Nos. 5,464,632 ("Rapidly
Disintegratable Multiparticular Tablet," issued December 7, 1995), 6,328,994 ("Orally Disintegrable Tablets," issued December 11, 2001),
and 7,431,942 (same title, issued October 7, 2008) following a Paragraph IV certification
as part of Zydus' filing of an ANDA to manufacture a generic version of
plaintiffs' Prevacid® SoluTab (lansoprazole delayed release orally
disintegrating tablets, used to treat ulcers, gastroesophageal reflux disease,
erosive esophagitis, and pathological hypersecretory conditions, including
Zollinger-Ellison syndrome).  View
the complaint here.

Promote Innovation LLC v. Eisai Inc.
2:10-cv-00119; filed April 4, 2010 in the Eastern
District of Texas

False marking based on Eisai's marking of its
Gliadel® products indicating these products are covered by U.S. Patent No.
4,789,724 ("Preparation of Anhydride Copolymers," issued December 6,
1988), which is expired.  View the
complaint here.

Promote Innovation LLC v. Takeda Pharmaceuticals America, Inc.
2:10-cv-00122; filed April 4, 2010 in the Eastern
District of Texas

False marking based on Takeda's marking of its
Kapidex® products indicating these products are covered by U.S. Patent Nos.
5,026,560 ("Spherical Granules Having Core and Their Production,"
issued June 25, 1991), 5,045,321 ("Stabilized Pharmaceutical Composition
and its Production," issued September 3, 1991), and 5,093,132 (same title,
issued March 3, 1992), which are expired.  View the complaint here.

Promote Innovation LLC v. Bristol-Myers Squibb Co.
2:10-cv-00120; filed April 4, 2010 in the Eastern
District of Texas

False marking based on BMS' marking of its Zerit
product indicating this product is covered by U.S. Patent No. 4,978,655 ("Use
of 3'-deoxythymidin-2'-ene (3'deoxy-2',3'-didehydrothymidine) in Treating Patients
Infected with Retroviruses," December 18, 1990), which is expired.  View the complaint here.

Promote Innovation LLC v. Ranbaxy Laboratories Inc.
2:10-cv-00121; filed April 4, 2010 in the Eastern
District of Texas

False marking based on Ranbaxy's marking of its
Exelderm® product indicating this product is covered by U.S. Patent No.
4,055,652 ("1-[.beta.(R-thio)phenethyl]imidazoles and Derivatives Thereof,"
issued October 25, 1977), which is expired.  View the complaint here.

Novartis Pharmaceuticals Corp. et al. v. Macleods
Pharmaceuticals Ltd.
1:10-cv-00532; filed April 1, 2010 in the District
Court of the District of Columbia

• Plaintiffs:  Novartis Pharmaceuticals Corp.;
Novartis Pharma AG; Novartis International Pharmaceutical Ltd.
• Defendant:  Macleods Pharmaceuticals Ltd.

Infringement of U.S. Patent No. 5,866,581 ("Penciclovir
for the Treatment of Post Therapeutic Neuralgia," issued February 2, 1999)
following a Paragraph IV certification as part of Macleods' filing of an ANDA to
manufacture a generic version of Novartis' Famvir® (famciclovir, used for the
treatment of acute herpes zoster (shingles), the treatment or suppression of
recurrent genital herpes in immunocompentent patients, the treatment of
recurrent herpes labialis (cold sores) in immunocompetent patients, and the
treatment of recurrent mucotaneous herpes simplex infections in HIV-infected
patients).  View the complaint here.

Bristol-Myers Squibb Co. et al. v. Teva Pharmaceuticals USA
Inc.
1:10-cv-00264; filed April 1, 2010 in the District
Court of Delaware

• Plaintiffs:  Bristol-Myers Squibb Co.;
Novartis Corp.; Novartis Pharma AG
• Defendant:  Teva Pharmaceuticals USA Inc.

Infringement of U.S. Patent Nos. 5,849,911 ("Antivirally
Active Heterocyclic Azahexane Derivatives," issued December 15, 1998) and
6,087,383 ("Bisulfate Salt of HIV Protease Inhibitor," issued July
11, 2000), both licensed to BMS, following a Paragraph IV certification as part
of Teva's filing of an ANDA to manufacture a generic version of BMS's Reyataz®
(atazanavir bisulfate, used to treat HIV infection).  View the complaint here.