By Sherri
Oslick —

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

Eli Lilly & Company v. Watson Pharmaceuticals, Inc. et al.
2:10-cv-00647; filed May 5, 2010 in the District
Court of Nevada

• Plaintiff:  Eli Lilly & Company
• Defendants:  Watson Pharmaceuticals, Inc.; Watson
Laboratories, Inc.; Watson Pharma, Inc.

Eli Lilly and Company v. Watson Pharmaceuticals, Inc. et al.
1:10-cv-00549; filed May 3, 2010 in the Southern
District of Indiana

• Plaintiff:  Eli Lilly and Company
• Defendants:  Watson Pharmaceuticals, Inc.; Watson
Laboratories, Inc.; Watson Pharma, Inc.

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent Nos. 6,458,811 ("Benzothiophenes Formulations Containing Same and
Methods," issued October 1, 2002), 6,797,719 (same title, issued September
28, 2004), and 6,894,064 (same title, issued May 17, 2005) following a
Paragraph IV certification as part of Watson's filing of an ANDA to manufacture
a generic version of Lilly's Evista® (raloxifene, used for the prevention and
treatment of osteoporosis in postmenopausal women and for the reduction in risk
of invasive breast cancer in postmenopausal women with osteoporosis and in
postmenopausal women at high risk of invasive breast cancer).  View the Indiana complaint here.

Pieczenik v. Astellaspharma, Inc. et al.
3:10-cv-02253; filed May 5, 2010 in the District
Court of New Jersey

• Plaintiff:  George Pieczenik
• Defendants:  Astellaspharma, Inc.; Canon, U.S.A.
Inc.; Taiho Pharma U.S.A., Inc.; Dainippon Sumitomo Pharma America, Inc.;
Dainippon Sumitomo Pharma America Holdings, Inc.; Kyowa Hakko Kirin America,
Inc.; Kyowa Hakko Kirin Pharma, Inc.; Medarex, Inc.; Shionogi Pharma Sales,
Inc.; Mitsubishi Tanabe Pharma America, Inc.; Mitsubishi Tanabe Pharma
Development America, Inc.; Chugai Pharma USA, LLC Corp.; Daiichi Sankyo,
Inc.; Shionogi USA Holdings, Inc.; Shionogi USA, Inc.; Shionogi Pharma, Inc.;
John Does 1 Through 61

Pieczenik v. Bayer Corp. et al.
3:10-cv-02230; filed May 4, 2010 in the District
Court of New Jersey

• Plaintiff:  Dr. George Pieczenik
• Defendants:  Bayer Corp.; Bayer Healthcare
LLC; Bayer Healthcare Pharmaceuticals, Inc.; Bayer Cropscience (New Jersey)
Inc.; Bayer Pharma Chemicals Inc.; Bayer Materialscience LLC; Bayer
Pharmaceuticals Corp.; Boehringer Ingelheimroxane, Inc.; Boehringer
Ingelheim Vetmedica, Inc.; Novartis Corp.; Novartis Pharmaceutical
Corp.; Novartis Vaccines And Diagnostics, Inc.; Syngenta Crop Protection,
Inc.; Syngenta Seeds, Inc.; Siemens Medical Solutions USA, Inc.; Siemens
Diagnostics Finance Co. LLC; Siemens Healthcare Diagnostics Inc.; Siemens
Corp.; Roche Laboratories Inc.; Roche Molecular Systems, Inc.; Roche
Diagnostics Corp.; Hoffman-La Roche Inc.; Qiagen Inc.; Bracco
Diagnostics Inc.; John Does 1 Through 61

The complaints in these cases are substantially
identical.  Infringement of U.S.
Patent No. 5,866,363 ("Method and Means for Sorting and Identifying
Biological Information," issued February 2, 1999) based on defendants'
research, commercial and licensing activities, and patent filings in the area of
peptide and antibody combinatorial libraries.  View the Bayer complaint here.

Purdue Pharma L.P. et al v. Ranbaxy Inc. et al.
1:10-cv-03734; filed May 5, 2010 in the Southern
District of New York

• Plaintiffs:  Purdue Pharma L.P.; P.F. Laboratories,
Inc.; Purdue Pharmaceuticals L.P.; Rhodes Technologies
• Defendants:  Ranbaxy Inc.; Ranbaxy Pharmaceuticals
Inc.; Ranbaxy Laboratories Ltd.; Actavis Elizabeth LLC; Mylan Pharmaceuticals
Inc.; Mylan Inc.

Infringement of U.S. Patent Nos. 7,674,799 ("Oxycodone
Hydrochloride Having Less Than 25 PPM 14-Hydroxycodeinone," issued March
9, 2010), 7,674,800 (same title, issued March 9, 2010), and 7,683,072 (same title,
issued March 23, 2010) following a Paragraph IV certification as part of
defendants' filing of an ANDA to manufacture a generic version of Purdue Pharma's
OxyContin® (controlled release oxycodone hydrochloride, used to treat
pain).  View the complaint here.

Abbott Laboratories et al v. Watson Pharmaceuticals Inc. et al.
1:10-cv-00373; filed May 4, 2010 in the District
Court of Delaware

• Plaintiffs:  Abbott Laboratories; Abbott
Respiratory LLC
• Defendants:  Watson Pharmaceuticals Inc.; Watson
Laboratories Inc. – Florida; Watson Pharma Inc.

Infringement of U.S. Patent Nos. 6,129,930 ("Methods
and Sustained Release Nicotinic Acid Compositions for Treating Hyperlipidemia
at Night," issued October 10, 2000), 6,406,715 ("Intermediate Release
Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique Urinary
Metabolite Profiles," issued June 18, 2002), 6,676,967 ("Methods for
Reducing Flushing in Individuals Being Treated with Nicotinic Acid for
Hyperlipidemia," issued January 13, 2004), 6,746,691 ("Intermediate
Release Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique
Biopharmaceutical Characteristics," issued June 8, 2004), 7,011,848 ("Hydrophobic
Component Free Sustained Release Nicotinic Acid Compositions for Treating
Hyperlipidemia and Related Methods Therefor," issued March 14, 2006),
6,818,229 ("Intermediate Release Nicotinic Acid Compositions for Treating
Hyperlipidemia," issued November 16, 2004), 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 Watson's filing of an ANDA to manufacture a generic
version of Abbott's Simcor® (niacin extended release / simvastatin tablets,
used to treat hypercholesterolemia).  View the complaint here.

Baker v. Pfizer, Inc. et al.
2:10-cv-02331; filed May 4, 2010 in the Western
District of Tennessee

• Plaintiff:  Charles R. Baker
• Defendants:  Pfizer, Inc.; Wyeth Inc.; Wyeth
Consumer Healthcare, LTD.; Fort Dodge Animal Health, Inc.

False marking based on defendants' marking of
certain of their Axid AR® and Synanthic® products indicating that these
products are covered by one or more of U.S. Patent Nos. 4,375,547 ("N-Methyl-N'-2-([(2-dimethylaminomethyl)-4-thiazolyl]methylthio)ethyl
2-nitro-1,1-ethenediamine," issued March 1, 1983), 3,929,821 ("5
(6)-Benzene ring substituted benzimidazole-2-carbamate derivatives,"
issued December 30, 1975), and 4,080,461 ("5(6)-Benzene ring substituted
benzimidazole-2-carbamate derivatives having anthelmintic activity,"
issued March 21, 1978), all of which are expired.  View the complaint here.

Schering Corp. et al. v. Kappos
1:10-cv-00673; filed April 30, 2010 in the District
Court of the District of Columbia

• Plaintiffs:  Schering Corp.; Merck &
Co., 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.
7,612,058 ("Methods for Inhibiting Sterol Absorption," issued
November 3, 2009).  View the
complaint here.

Takeda Pharmaceutical Co. Ltd. et al. v. Sandoz, Inc.
1:10-cv-03571; filed April 29, 2010 in the Southern
District of New York

• Plaintiffs:  Takeda Pharmaceutical Co.
Ltd.; Takeda Pharmaceuticals North America, Inc.; Takeda Global Research and
Development Center, Inc.
• Defendant:  Sandoz, Inc.

Infringement of U.S. Patent Nos. 6,329,404 ("Pharmaceutical
Composition," issued December 11, 2001) 6,211,205 (same title, issued
April 3, 2001), 6,303,640 (same title, issued October 16, 2001), and 7,538,125
(same title, issued May 26, 2009) following a Paragraph IV certification as
part of Sandoz's filing of an ANDA to manufacture a generic version of Takeda's
Duetact® (pioglitazone hydrochloride and glimepiride, used to improve glycemic
control in patients with Type 2 diabetes).  View the complaint here.