By Sherri
Oslick —

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

Ferndale Laboratories, Inc. v. PruGen, Inc. et al.
2:10-cv-11644; filed April 22, 2010 in the Eastern
District of Michigan

• Plaintiff: 
Ferndale Laboratories, Inc.
• Defendants: 
PruGen, Inc.; IGI Laboratories, Inc.

Infringement of U.S. Patent No. 5,635,497 ("Topical
Application Compositions," issued June 3, 1997) based on PruGen's
manufacture and sale of its PruVel product (Eletone® cream, used for the
management and relief of burning, itching, and redness associated with atopic
dermatitis).  View the complaint here.

Nuvasive, Inc. et al. v. Orthofix International N.V. et al.
2:10-cv-01995; filed April 20, 2010 in the District
Court of New Jersey

• Plaintiffs: 
Nuvasive, Inc.; Osiris Therapeutics, Inc.
• Defendants: 
Orthofix International N.V.; Orthofix, Inc.; Orthofix Holdings, Inc.;
Orthofix Biologics; Orthofix Spinal Implants; Musculoskeletal Transplant
Foundation

Infringement of U.S. Patent No. 6,355,239 ("Uses
for Non-Autologous Mesenchymal Stem Cells," issued March 12, 2002) based
on Defendants' manufacture and sale of a product line that competes with
Plaintiffs' OsteoCel® product line (allogeneic mesenchymal stem cell-based
products for use repairing defective connective tissues, such as bone).  View the compliant here.

Synthon Pharmaceuticals, Inc. v. Eli Lilly and Company et al.
5:10-cv-00150; filed April 19, 2010 in the Eastern
District of North Carolina

• Plaintiff: 
Synthon Pharmaceuticals, Inc.
• Defendants: 
Eli Lilly and Company; ICOS Corp.

Declaratory judgment of non-infringement and
invalidity of U.S. Patent Nos. 6,821,975 ("Beta-Carboline Drug Product,"
issued November 23, 2004) and 7,182,958 ("ß-Carboline Pharmaceuticals
Compositions," issued February 27, 2007) based on Synthon's filing of an
ANDA to manufacture a generic version of Lilly's Adcirca® (tadalafil, used to
treat pulmonary arterial hypertension).  View the complaint here.

Biovail Laboratories International SRL v. Watson
Pharmaceuticals, Inc. et al.
1:10-cv-21241; filed April 16, 2010 in the Southern
District of Florida

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

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), 7,553,992
(same title, issued June 30, 2009), and 7,671,094 ("Bupropion Hydrobromide
and Therapeutic Applications," issued March 2, 2010) 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 complaint here.

Endo Pharmaceuticals Inc. v. Roxane Laboratories Inc.
2:10-cv-01964; filed April 16, 2010 in the District
Court of New Jersey

• Plaintiffs: 
Endo Pharmaceuticals Inc.; Penwest Pharmaceuticals Co.
• Defendant: 
Roxane Laboratories Inc.

Infringement of U.S. Patent No. 5,958,456 ("Controlled
Release Formulation (Albuterol)," issued September 28, 1999) following a
Paragraph IV certification as part of Roxane's filing of an ANDA to manufacture
a generic version of Endo's Opana® ER (oxymorphone hydrochloride, used to treat
moderate to severe pain in patients requiring continuous, around-the-clock
opioid treatment for an extended period of time).  View the complaint here.

Mylan Pharmaceuticals Inc. et al. v. Eurand Inc. et al.
1:10-cv-00306; filed April 15, 2010 in the District
Court of Delaware

• Plaintiffs: 
Mylan Pharmaceuticals Inc.; Mylan Inc.
• Defendants: 
Eurand Inc.; Cephalon Inc.; Anesta AG

Declaratory judgment of non-infringement,
unenforceability, and invalidity of U.S. Patent No. 7,544,372 ("Modified
Release Dosage Forms of Skeletal Muscle Relaxants," issued June 9, 2009),
licensed to Cephalon, based on Mylan's filing of an ANDA to manufacture a
generic version of Cephalon's Amrix® (cyclobenzaprine hydrochloride, used for
relief of muscle spasm associated with acute, painful musculoskeletal
conditions).  View the complaint here.