By Sherri
Oslick —

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

Shire LLC et al. v. Anchen
Pharmaceuticals Inc. et al.
1:10-cv-00484; filed
June 2, 2010 in the District Court of Delaware

• Plaintiffs:  Shire LLC; Supernus Pharmaceuticals
Inc.; Amy F.T. Arnsten PhD; Pasko Rakic MD; Robert D. Hunt MD
• Defendants:  Anchen Pharmaceuticals Inc.; Anchen
Inc.

Infringement of U.S.
Patent Nos. 5,854,290 ("Use of Guanfacine in the Treatment of Behavioral
Disorders," issued December 19, 1998), 6,287,599 ("Sustained Release
Pharmaceutical Dosage Forms with Minimized pH Dependent Dissolution Profiles,"
issued September 11, 2001), and 6,811,794 (same title, issued November 2, 2004)
based on Anchen's filing of an ANDA to manufacture a generic version of Shire's
Intuniv (guanfacine, used to treat attention-deficit hyperactivity disorder).  View the complaint here.

Teva Pharmaceuticals USA, Inc. et
al. v. Bayer Schering Pharma AG et al.
1:10-cv-04340; filed
June 1, 2010 in the Southern District of New York

• Plaintiffs:  Teva Pharmaceuticals USA, Inc.; Barr
Laboratories, Inc.
• Defendants:  Bayer Schering Pharma AG; Bayer
Healthcare Pharmaceuticals Inc.

Declaratory judgment of
non-infringement and invalidity of U.S. Patent Nos. RE37,564 ("Composition
for Contraception," issued February 26, 2002), RE37,838 (same title,
issued September 10, 2002), and RE37,253 (same title, issued September 16,
2003) based on Teva's filing of an ANDA to manufacture a generic version of
Bayer's Yaz® (drospirenone & ethinyl estradiol, used for oral
contraception).  View the complaint here.

Bayer Schering Pharma AG et al. v.
Teva Pharmaceutical Industries Ltd. et al.
1:10-cv-00474; filed
June 1, 2010 in the District Court of Delaware

• Plaintiffs:  Bayer Schering Pharma AG; Bayer
HealthCare Pharmaceuticals Inc.
• Defendants:  Teva Pharmaceutical Industries Ltd.;
Teva Pharmaceuticals USA Inc.; Barr Pharmaceuticals LLC; Barr Laboratories
Inc.

Infringement of U.S.
Patent Nos. RE37,564 ("Composition for Contraception," issued
February 26, 2002), RE37,838 (same title, issued September 10, 2002) and RE37,253 (same title, issued September 16, 2003) following a Paragraph IV
certification as part of Teva's filing of an ANDA to manufacture a generic
version of Bayer's Yaz® (drospirenone & ethinyl estradiol, used for oral
contraception).  View the complaint here.

Medicines Co. v. APP
Pharmaceuticals LLC et al.
1:10-cv-00476; filed
June 1, 2010 in the District Court of Delaware

• Plaintiff:  Medicines Co.
• Defendants:  APP Pharmaceuticals LLC; APP
Pharmaceuticals Inc.

Infringement of U.S.
Patent No. 7,598,343 ("Pharmaceutical Formulations of Bivalirudin and
Process of Making the Same," issued October 6, 2009) following a Paragraph
IV certification as part of APP's filing of an ANDA to manufacture a generic
version of The Medicines Company's Angiomax® (bivalirudin, used as an
anticoagulant in patients with unstable angina undergoing percutaneous
translurninal coronary angioplasty).  View the complaint here.

Biogen Idec MA Inc. v. EMD Serono,
Inc. et al.
2:10-cv-02760; filed May
28, 2010 in the District Court of New Jersey

• Plaintiff:  Biogen Idec MA Inc.
• Defendants:  EMD Serono, Inc.; Pfizer Inc.; Bayer
Healthcare Pharmaceuticals Inc.; Novartis Pharmaceuticals Corp.

Infringement of U.S.
Patent No. 7,588,755 ("DNA Sequences, Recombinant DNA Molecules and
Process for Producing Human Fibroblast Interferon-like Polypeptides,"
issued September 15, 2009) based on defendants' manufacture and sale of IFN-β
products (Rebif®, Betaseron®, Extavia®).  View the complaint here.

Novo Nordisk Inc. et al. v. Paddock
Laboratories, Inc.
0:10-cv-02199; filed May
28, 2010 in the District Court of Minnesota

• Plaintiffs:  Novo Nordisk Inc.; Novo Nordisk A/S
• Defendant:  Paddock Laboratories, Inc.

Infringement of U.S.
Patent No. 6,677,358 ("NIDDM Regimen," issued January 13, 2004)
following a Paragraph IV certification as part of Paddock's filing of an ANDA
to manufacture a generic version of Novo Nordisk's Prandin® (repaglinide, used
to treat non-insulin dependent diabetes mellitus in combination with
metformin).  View the complaint here.

Bayer Healthcare Pharmaceuticals
Inc. v. Biogen Idec Inc.
2:10-cv-02734; filed May
27, 2010 in the District Court of New Jersey

Declaratory judgment of
invalidity and non-infringement of U.S. Patent No. 7,588,755 ("DNA
Sequences, Recombinant DNA Molecules and Process for Producing Human Fibroblast
Interferon-like Polypeptides," issued September 15, 2009) based on Bayer's
manufacture and sale of its Betaseron® product.  View
the complaint here.

Magnachem International
Laboratories, Inc. v. Kappos
1:10-cv-00892; filed May
26, 2010 in the District Court of the District of Columbia

Review and correction of
the patent term adjustment calculation made by the U.S. Patent and Trademark
Office for U.S. Patent No. 7,323,495 ("Synthetic Lactone Formulations and
Method of Use," issued January 29, 2008).  View the complaint here.

Sanofi-Aventis U.S. LLC et al. v. Actavis
Inc. et al.
2:10-cv-02795; filed May
24, 2010 in the District Court of New Jersey

• Plaintiffs:  Sanofi-Aventis U.S. LLC; Aventisub II
INC.; Carderm Capital L.P.
• Defendants:  Actavis Inc.; Actavis Mid Atlantic LLC

Infringement of U.S.
Patent Nos. 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 Actavis' filing of an
ANDA to manufacture a generic version of Aventis' Allegra® Oral Suspension
(fexofenadine hydrochloride oral suspension, used to treat allergies).  View the complaint here.