By Sherri Oslick —

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

AbbVie Inc. et al. v. Banner
Pharmacaps Inc.
1:12-cv-01228; filed September
28, 2012 in the District Court of Delaware

• Plaintiffs:  AbbVie Inc.;
Wisconsin Alumni Research Foundation
• Defendant:  Banner Pharmacaps
Inc.

Infringement of U.S. Patent
No. 5,597,815 ("Prevention of Hyperphosphatemia in Kidney Disorder
Patients," issued January 28, 1997) based on Banner's filing of an NDA
(under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic
version of Abbott's Zemplar® (paricalcitol, used to treat secondary
hyperparathyroidism in patients with kidney failure).  View the complaint here.

Ivax LLC v. Celgene
Corp.
0:12-cv-61917; filed September
28, 2012 in the Southern District of Florida

Infringement of U.S. Patent
No. 7,759,481 ("Solid State Forms of 5-Azacytidine and Processes for
Preparation Thereof," issued July 20, 2010) based on Celgene's manufacture
and sale of its Vidaza® (azacitidine, used to treat myelodysplastic
syndrome).  View the complaint here.

Merck Sharp & Dohme Corp. et
al. v. Sandoz Inc.
2:12-cv-06077; filed September
27, 2012 in the District Court of New Jersey

• Plaintiffs:  Merck Sharp
& Dohme Corp.; MSD International GmBH
• Defendant:  Sandoz Inc.

Infringement of U.S. Patent
Nos. RE42,461 ("Hydroxy-substituted Azetidinone Compounds Useful as
Hypocholesterolemic Agents," issued June 14, 2011), 5,846,966 ("Combinations
of Hydroxy-Substituted Azetidinone Compounds and HMG CoA Reductase Inhibitors,"
issued December 8, 1998), 7,030,106 ("Sterol Absorption Inhibitor
Compositions," issued April 18, 2006), and 7,612,058 ("Methods for
Inhibiting Sterol Absorption," issued November 3, 2009) following a
Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture
a generic version of Merck's Zetia® (ezetimib, used to treat elevated
cholesterol levels).  View the complaint here.

Gilead Sciences, Inc. v.
Kappos
1:12-cv-01090; filed September
27, 2012 in the Eastern District of Virginia

Review and correction of the
patent term adjustment calculation made by the U.S. Patent and Trademark Office
for U.S. Patent No. 8,148,374 ("Modulators of Pharmacokinetic Properties
of Therapeutics," issued April 3, 2012). 
View the complaint here, and the Exhibits to the complaint here.

Genetic Technologies Ltd. v.
Medical Diagnostic Laboratories, L.L.C.
3:12-cv-06053; filed September
26, 2012 in the District Court of New Jersey

Genetic Technologies Ltd. v.
Reprogenetics, L.L.C.
2:12-cv-06052; filed September
26, 2012 in the District Court of New Jersey

The complaints in these cases
are substantially identical.  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 defendants' manufacture, use, sale, and offer for sale of genetic
carrier screening services (Medical Diagnostic Laboratories) or preimplantation
genetic diagnosis services (Reprogenetics). 
View the complaint here.  View the
Medical Diagnostic Laboratories
complaint here.