By Sherri
Oslick —

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

Shire Development Inc. et al. v. Cadila Healthcare Ltd. et
al.
1:10-cv-00581; filed July 7, 2010 in the District
Court of Delaware

• Plaintiffs:  Shire Development Inc.; Shire
Pharmaceutical Development Inc.; Cosmo Technologies Ltd.; Giuliani
International Ltd.
• Defendants:  Cadila Healthcare Ltd. d/b/a Zydus
Cadila; Zydus Pharmaceuticals (USA) Inc.

Infringement of U.S. Patent No. 6,773,720 ("Mesalazine
Controlled Release Oral Pharmaceutical Compositions," issued August 10,
2004) following a Paragraph IV certification as part of Cadila's filing of an
ANDA to manufacture a generic version of Shire's Lialda® (mesalamine, used to
induce remission in patients with active, mild to moderate ulcerative
colitis).  View the complaint here.

Genzyme Corp. v. Anika Therapeutics, Inc.
1:10-cv-11146; filed July 7, 2010 in the District
Court of Massacusetts

Infringement
of U.S. Patent Nos. 5,143,724 ("Biocompatible Viscoelastic Gel Slurries, Their
Preparation and Use," issued September 1, 1992) and 5,399,351 (same title,
issued March 21, 1995) based on Anika's manufacture, use, and offer for sale of
its Monovisc® product (cross-linked sodium hyaluronate, used to treat
osteoarthritis).  View the
complaint here.

Novartis AG et al. v. Kappos
1:10-cv-01138; filed July 6, 2010 in the District
Court of the District of Columbia

• Plaintiffs:  Novartis AG; Novartis Vaccines And
Diagnostics, Inc.
• Defendant:  David J. Kappos

Review and correction of the patent term adjustment
calculation made by the U.S. Patent and Trademark Office for U.S. Patent Nos.
6,656,957 ("Pyridine derivatives," issued December 2, 2003),
6,878,721 ("Beta2-adrenoceptor agonists," issued April 12, 2005),
7,098,325 ("Process for the sulfurization of a phosphorus-containing
compound," issued August 29, 2006), 7,112,673 ("Dibenzo [b,f]azepine
intermediates," issued September 26, 2006), 7,265,089 ("KGF
polypeptide compositions," issued September 4, 2007), 7,348,353 ("Acetylene
derivatives having mGluR 5 antagonistic activity," issued March 25, 2008),
7,423,148 ("Small molecule PI 3-kinase inhibitors and methods of their
use," issued September 9, 2008) 7,470,709 ("Benzimidazole
quinolinones and uses thereof," issued December 30, 2008), 7,470,792 ("Process
for the preparation of epothilone derivatives, new epothilone derivatives as
well as new intermediate products for the process and the methods of preparing
same," issued December 30, 2008), 7,534,890 ("Process for preparing
5-[(R)-2-(5,6-diethyl-indan-2-ylamino)-1-hydroxy-ethyl]-8-hydroxy-(1H)-qu-
inolin-2-one salt, useful as an andrenoceptor agonist," issued May 19,
2009), and 7,576,221 ("Substituted imidazole derivatives," issued
August 18, 2009).  View the
complaint here.

Nippon Shinyaku Co., Ltd. v. Kappos
1:10-cv-01142; filed July 6, 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 Nos.
7,205,302 ("Heterocyclic compound derivatives and medicines," issued
April 17, 2007) and 7,494,997 ("Amide derivative," issued February 4,
2009).  View the complaint here.

Celgene Corp. et al. v. Sun Pharmaceutical Industries,
Inc.
2:10-cv-03378; filed July 1, 2010 in the District
Court of New Jersey

• Plaintiffs:  Celgene Corp.; Novartis
Pharmaceuticals Corp.; Novartis Pharma AG
• Defendant:  Sun Pharmaceutical Industries,
Inc.

Infringement of U.S. Patent Nos. 5,908,850 ("Method
of Treating Attention Deficit Disorders With D-Threo Methylphenidate,"
issued June 1, 1999), 6,355,656 ("Phenidate Drug Formulations Having
Diminished Abuse Potential," issued March 12, 2002), and 6,528,530 (same
title, issued March 4, 2003), licensed to Novartis, following a paragraph IV
certification as part of Sun's filing of an ANDA to manufacture a generic
version of Novartis' Focalin® XR (extended release dexmethylphenidate
hydrochloride, used to treat attention deficit hyperactivity disorder).  View the complaint here.