By Sherri
Oslick —

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

Wyeth LLC v. Intervet Inc. et al.
1:10-cv-00435; filed May 25, 2010 in the District
Court of Delaware

• Plaintiff:  Wyeth LLC
• Defendants:  Intervet Inc. d/b/a
Intervet/Schering-Plough Animal Health; Boehringer Ingelheim Vetmedica
Inc.

Infringement of U.S. Patent No. 7,722,883 ("Circovirus
Sequences Associated with Piglet Weight Loss Disease," issued May 25,
2010) based on defendants' manufacture and sale of their Circumvent® PCV and
Porcilis® PCV vaccines (porcine circovirus vaccines).  View the complaint here.

Ascio Pharmaceuticals, Inc. v. Three Rivers Pharmaceuticals,
LLC
1:10-cv-01583; filed May 25, 2010 in the Northern
District of Georgia

Declaratory judgment of unenforceability,
invalidity, and non-infringement of U.S. Patent No. 7,723,310 ("Large Dose
Ribavirin Formulations," issued May 25, 3010) based on Ascio's filing of
an ANDA to manufacture a generic ribavirin product.  View the complaint here.

Cornell University et al. v. Illumina Inc.
1:10-cv-00433; filed May 24, 2010 in the District
Court of Delaware

• Plaintiffs:  Cornell University; Cornell Research
Foundation Inc.; Life Technologies Corp.; Applied Biosystems LLC
• Defendant:  Illumina Inc.

Infringement of U.S. Patent Nos. 6,797,479 ("Detection
of Nucleic Acid Sequence Differences Using Coupled Ligase Detection and
Polymerase Chain Reactions," issued September 28, 2004), 7,083,917 ("Detection
of Nucleic Acid Sequence Differences Using the Ligase Detection Reaction with
Addressable Arrays," issued August 1, 2006), 7,166,434 ("Detection of
Nucleic Acid Sequence Differences Using Coupled Ligase Detection and Polymerase
Chain Reactions," issued January 23, 2007), 7,312,039 (same title, issued
December 25, 2007), 7,320,865 (same title, issued January 22, 2008), 7,332,285
(same title, issued February 19, 2008), 7,364,858 (same title, issued April 29,
2008), 7,429,453 (same title, issued September 30, 2008) based on Illumina's
manufacture and sale of instruments, reagents, and kits to perform its
GoldenGate Genotyping Assay and its DASL Assay (cDNA-mediated Annealing,
Selection, Extension and Ligation Assay) and services using those assays.  View the complaint here.

Genzyme Corp. v. Watson Laboratories, Inc.
1:10-cv-01323; filed May 24, 2010 in the District
Court of Maryland

Infringement of U.S. Patent No. 5,667,775 ("Phosphate-Binding
Polymers for Oral Administration," issued on September 16, 1997) following
a Paragraph IV certification as part of Watson's filing of an ANDA to
manufacture a generic version of Genzyme's Renavela® (sevelamer carbonate, used
for the control of serum phosphorus in patients with chronic kidney disease on
dialysis).  View the complaint here.

Genzyme Corp. v. Sandoz Inc.
1:10-cv-00429; filed May 21, 2010 in the District
Court of Delaware

Infringement of U.S. Patent Nos. 5,602,116 ("Method
for Treating and Preventing Secondary Hyperparathyroidism," issued
February 11, 1997) and 7,148,211 ("Formulation for Lipophilic Agents,"
issued December 12, 2006) following Sandoz's filing of an ANDA to manufacture a
generic version of Genzyme's Hectorol® (doxercalciferol, used to treat
secondary hyperparathyroidism in patients with chronic kidney disease).  View the complaint here.

Nycomed US Inc. et al. v. Tolmar, Inc.
2:10-cv-02635; filed May 21, 2010 in the District
Court of New Jersey

• Plaintiffs:  Nycomed US Inc.; Jagotec AG
• Defendant:  Tolmar, Inc.

Declaration that Tolmar's Paragraph IV notice was
invalid, improper, null, void, and without legal effect, that the Court
therefore has no subject matter jurisdiction over the claims surrounding the
patents at issue, that Tolmar's notice did not trigger the 45-day period for
filing an infringement action under the Hatch-Waxman Act, and that Tolmar must
serve new Paragraph IV notice upon Nycomed if and when the FDA accepts Tolmar's
ANDA.  Also, infringement of U.S.
Patent Nos. 5,639,738 ("Treatment of Basal Cell Carcinoma and Actinic
Keratosis Employing Hyaluronic Acid and NSAIDs," issued June 17, 1997),
5,792,753 ("Compositions Comprising Hyaluronic Acid and
Prostaglandin-Synthesis-Inhibiting Drugs," issued August 11, 1998),
5,852,002 ("Treatment of Conditions and Disease," issued December 22,
1998), 5,914,322 ("Treatment of Disease and Conditions," issued June
22, 1999), 5,929,048 ("Treatment of Conditions and Disease," issued
July 27, 1999), and 5,985,850 ("Compositions Comprising Hyaluronic Acid
and Drugs," issued November 16, 1999) following a Paragraph IV
certification as part of Tolmar's filing of an ANDA to manufacture a generic
version of Nycomed's Solaraze® (diclofenac sodium, used to actinic
keratosis).  View the complaint here.

Takeda Pharmaceutical Co. Ltd. et al. v. Dr. Reddy's
Laboratories, Ltd. et al.
1:10-cv-04168; filed May 20, 2010 in the Southern
District of New York

• Plaintiffs:  Takeda Pharmaceutical Co.
Ltd.; Takeda Pharmaceuticals North America, Inc.
• Defendants:  Dr. Reddy's Laboratories, Ltd.;
Dr. Reddy's Laboratories, Inc.

Infringement of U.S. Patent Nos. 5,965,584 ("Pharmaceutical
Composition," issued October 12, 1999), 6,329,404 (same title, issued
December 11, 2001), 6,166,043 (same title, issued December 26, 2000), 6,172,090
(same title, issued January 9, 2001), 6,211,205 (same title, issued April 3,
2001), 6,271,243 (same title, issued August 7, 2001), and 6,303,640 (same
title, issued October 16, 2001) following a Paragraph IV certification as part
of Dr. Reddy's filing of an ANDA to manufacture a generic version of Takeda's
Actos® (pioglitazone hydrochloride, used to treat type II diabetes).  View the complaint here.

Genentech, Inc. v. Trustees of the University of Pennsylvania
4:10-cv-02037; filed May 11, 2010 in the Northern
District of California

Declaratory judgment of non-infringement and
invalidity of U.S. Patent No. 6,733,752 ("Prevention of Tumors with
Monoclonal Antibodies Against NEU," issued May 11, 2004) based on Genetech's
manufacture and sale of its Herceptin® (trastuzumab, used to treat breast
cancer).  View the complaint here.