By Sherri Oslick —
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Genetic
Technologies Ltd. v. Genesis Genetics Institute, LLC
2:12-cv-14080;
filed September 13, 2012 in the Eastern District of Michigan
Infringement
of U.S. Patent No. 5,612,179 ("Intron Sequence Analysis Method for
Detection of Adjacent Locus Alleles as Haplotypes," issued March 18, 1997)
based on Genesis' manufacture, use, sale, and offer for sale of preimplantation
genetic diagnosis services. View the
complaint here.
Avanir
Pharmaceuticals Inc. v. Actavis South Atlantic LLC et al.
1:12-cv-01122;
filed September 12, 2012 in the District Court of Delaware
• Plaintiff:
Avanir Pharmaceuticals Inc.
• Defendants:
Actavis South Atlantic LLC; Actavis Inc.
Avanir
Pharmaceuticals Inc. v. Par Pharmaceutical Inc. et al.
1:12-cv-01123;
filed September 12, 2012 in the District Court of Delaware
• Plaintiff:
Avanir Pharmaceuticals Inc.
• Defendants:
Par Pharmaceutical Inc.; Par Pharmaceutical Companies Inc.
Avanir
Pharmaceuticals Inc. v. Watson Pharmaceuticals Inc. et al.
1:12-cv-01124;
filed September 12, 2012 in the District Court of Delaware
• Plaintiff:
Avanir Pharmaceuticals Inc.
• Defendants:
Watson Pharmaceuticals Inc.; Watson Laboratories Inc.; Watson Pharma Inc.
Avanir
Pharmaceuticals Inc. v. Wockhardt Ltd. et al.
1:12-cv-01125;
filed September 12, 2012 in the District Court of Delaware
• Plaintiff:
Avanir Pharmaceuticals Inc.
• Defendants:
Wockhardt Ltd.; Wockhardt USA LLC
The
complaints in these cases are substantially identical. Infringement of U.S. Patent No. 8,227,484 ("Pharmaceutical
Compositions Comprising Dextromethorphan and Quinidine for the Treatment of
Neurological Disorder," issued July 24, 2012) following a Paragraph IV
certification as part of defendants' filing of an ANDA to manufacture a generic
version of Avanir's Nuedexta® (dextromethorphan hydrobromide/quinidine sulfate,
used to treat pseudobulbar affect). View
the Actavis complaint here.
Braintree
Laboratories, Inc. v. Cypress Pharmaceutical, Inc.
1:12-cv-06851;
filed September 11, 2012 in the Southern District of New York
Infringement
of U.S. Patent No. 6,946,149 ("Salt Solution for Colon Cleansing,"
issued September 20, 2005) following a Paragraph IV certification as part of
Cypress' filing of an ANDA to manufacture a generic version of Braintree's
Suprep® (sodium sulfate, potassium sulfate and magnesium sulfate osmotic
laxative, used for bowel cleansing prior to an adult patient having a
colonoscopy procedure). View the
complaint here.
Otsuka
Pharmaceutical Co., Ltd. v. Apotex Corp. et al.
3:12-cv-05645;
filed September 10, 2012 in the District Court of New Jersey
• Plaintiff: Otsuka
Pharmaceutical Co., Ltd.
• Defendants:
Apotex Corp.; Apotex Inc.
Infringement
of U.S. Patent Nos. 6,977,257 ("Aripiprazole Oral Solution," issued
December 20, 2005) and 5,006,528 ("Carbostyril Derivatives," issued
April 9, 1991) following a Paragraph IV certification as part of Apotex's
filing of an ANDA to manufacture a generic version of Otsuka's Abilify®
(aripiprazole, used to treat bipolar disorder and schizophrenia). View the complaint here.
Purdue
Pharmaceutical Products L.P. et al. v. Novel Laboratories, Inc.
2:12-cv-05650;
filed September 10, 2012 in the District Court of New Jersey
• Plaintiffs:
Purdue Pharmaceutical Products L.P.; Purdue Pharma L.P.; Transcept
Pharmaceuticals, Inc.
• Defendant: Novel
Laboratories, Inc.
Infringement
of U.S. Patent No. 7,682,628 ("Compositions for Delivering Hypnotic Agents
Across the Oral Mucosa and Methods of Use Thereof," issued March 23, 2010)
following a Paragraph IV certification as part of Novel's filing of an ANDA to
manufacture a generic version of Purdue's Intermezzo® (sublingual zolpidem
tartrate, used to treat insomnia when middle-of-the-night awakening is followed
by difficulty returning to sleep). View
the complaint here.
Upsher-Smith
Laboratories, Inc. v. Auxilium Pharmaceuticals, Inc. et al.
2:12-cv-05648;
filed September 10, 2012 in the District Court of New Jersey
• Plaintiff:
Upsher-Smith Laboratories, Inc.
• Defendants: Auxilium Pharmaceuticals, Inc.; FCB I
LLC
Declaratory
judgment of non-infringement and/or invalidity of U.S. Patent Nos. 7,608,605 ("Pharmaceutical
Composition," issued October 27, 2009), 7,608,606 (same title, issued
October 27, 2009), 7,608,607 (same title, issued October 27, 2009), 7,608,608
(same title, issued October 27, 2009), 7,608,609 (same title, issued October
27, 2009), 7,608,610 (same title, issued October 27, 2009), 7,935,690 (same
title, issued May 3, 2011), and 8,063,029 (same title, issued November 22, 2011)
in conjunction with Upsher Smith's filing of an ANDA to manufacture a generic
version of Auxilium's Testim® (transdermal testosterone gel, used to treat
hypogonadism in men). View the complaint here.
Salix
Pharmaceuticals Inc. et al. v. Lupin Ltd. et al.
1:12-cv-02708;
filed September 10, 2012 in the District Court of Maryland
• Plaintiffs:
Salix Pharmaceuticals Inc.; Falk Pharma GmbH
• Defendants:
Lupin Ltd.; Lupin Pharmaceuticals Inc.
Salix
Pharmaceuticals Inc. et al. v. Lupin Ltd. et al.
1:12-cv-01104;
filed September 7, 2012 in the District Court of Delaware
• Plaintiffs:
Salix Pharmaceuticals Inc.; Dr. Falk Pharma GmbH
• Defendants:
Lupin Ltd.; Lupin Pharmaceuticals Inc.
The
complaints in these cases are substantially identical. Infringement of U.S. Patent No. 6,551,620 ("Pellet
Formulation for the Treatment of the Intestinal Tract," issued April 22,
2003) following a paragraph IV certification as part of Lupin's filing of an
ANDA to manufacture a generic version of Salix's Apriso® (mesalamine, used for
the maintenance of remission of ulcerative colitis in adults). View the Delaware complaint here.
Novartis
Pharmaceuticals Corp. v. Apotex Inc. et al.
2:12-cv-05574;
filed September 6, 2012 in the District Court of New Jersey
• Plaintiff: Novartis
Pharmaceuticals Corp.
• Defendants:
Apotex Inc.; Apotex Corp.
Infringement
of U.S. Patent No. 6,162,802 ("Synergistic Combination Therapy Using
Benazepril and Amlodipine for the Treatment of Cardiovascular Disorders and
Compositions Therefor," issued December 19, 2000) following a paragraph IV
certification as part of Apotex's filing of an ANDA to manufacture a generic
version of Novartis' Lotrel® (amlodipine besylate/benazepril hydrochloride,
used to treat hypertension). View the
complaint here.

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