By Sherri Oslick

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

ISIS Pharmaceuticals, Inc. v. Santaris Pharma A/S Corp. et al.
3:11-cv-02214; filed September 22, 2011 in the Southern District of California

• Plaintiff:  ISIS Pharmaceuticals, Inc.
• Defendants:  Santaris Pharma A/S Corp.; Santaris A/S

Infringement of U.S. Patent Nos. 6,326,199 ("Gapped 2' Modified Oligonucleotides," issued December 4, 2011) and 6,066,500 ("Antisense Modulation of Beta Catenin Expression" issued May 23, 2000) based on Santaris' sale and offers for sale of certain drug discovery services and drug candidates, including antisense compounds that inhibit beta-catenin production.  View the complaint here.


Cephalon, Inc. v. Sun Pharmaceutical Industries, Inc. et al.

2:11-cv-14181; filed September 22, 2011 in the Eastern District of Michigan

• Plaintiff:  Cephalon, Inc.
• Defendants:  Sun Pharmaceutical Industries, Inc.; Sun Pharmaceutical Industries Ltd.

Cephalon, Inc. v. Sun Pharmaceutical Industries, Inc. et al.
3:11-cv-05474; filed September 21, 2011 in the District Court of New Jersey

• Plaintiff:  Cephalon, Inc.
• Defendants:  Sun Pharmaceutical Industries, Inc.; Sun Pharmaceutical Industries Ltd.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 5,958,951 ("Modified Form Of The R(-)-N-(4,4-Di(3-Methylthien-2-yl)But-3-enyl)-Nipecotic Acid Hydrochloride," issued September 28, 1999) following a Paragraph IV certification as part of Sun's filing of an ANDA to manufacture a generic version of Cephalon's Gabitril® (tiagabine hydrochloride, used to treat epilepsy).  View the Michigan complaint here.


Momenta Pharmaceuticals, Inc. et al. v. Amphastar Pharmaceuticals, Inc. et al.

1:11-cv-11681; filed September 21, 2011 in the District Court of Massachusetts

• Plaintiffs:  Momenta Pharmaceuticals, Inc.; Sandoz Inc.
• Defendants:  Amphastar Pharmaceuticals, Inc.; International Medication Systems, Ltd.; Watson Pharmaceuticals, Inc.

Infringement of U.S. Patent Nos. 7,575,886 ("Analysis of Sulfated Polysaccharides," issued August 18, 2009) and 7,790,466 ("Evaluating Mixtures of Low Molecular Weight Heparins by Chain Profiles or Chain Mapping," issued September 7, 2010) in conjunction with the manufacture and planned launch of Watson's generic Lovenox® (enoxaparin sodium injection, used for the prophylaxis and treatment of thromboembolic disease).  View the complaint here.


Fresenius Medical Care Holdings, Inc. v. Invagen Pharmaceuticals, Inc.

2:11-cv-04505; filed September 16, 2011 in the Eastern District of New York

Fresenius Medical Care Holdings, Inc. v. Invagen Pharmaceuticals, Inc.
1:11-cv-11645; filed September 16, 2011 in the District Court of Massachusetts

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 6,576,665 ("Encapsulated Calcium Acetate Caplet and a Method for Inhibiting Gastrointestinal Phosphorous Absorption," issued June 10, 2003) following a Paragraph IV certification as part of Invagen's filing of an ANDA to manufacture a generic version of Fresenius' PhosLo® GelCaps (calcium acetate, used to treat renal failure).  View the New York complaint here.


Cephalon Inc. et al. v. Sandoz Inc.

1:11-cv-00821; filed September 15, 2011 in the District Court of Delaware

• Plaintiffs:  Cephalon Inc.; CIMA Labs Inc.
• Defendant:  Sandoz Inc.

Infringement of U.S. Patent Nos. 7,862,832 ("Generally Linear Effervescent Oral Fentanyl Dosage Form and Methods of Administering," issued January 4, 2011) and 7,862,833 ("Effervescent Oral Opiate Dosage Forms and Methods of Administering Opioids," issued January 4, 2011) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Cephalon's Fentora® (fentanyl citrate buccal tablets, used to treat breakthrough pain in adult patients with cancer).  View the complaint here.

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