By Sherri Oslick —
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
New England
Biolabs, Inc. et al. v. Enzymatics, Inc.
1:12-cv-12125;
filed November 14, 2012 in the District Court of Massachusetts
• Plaintiffs:
New England Biolabs, Inc.; SomaLogic, Inc.; Gilead Sciences, Inc.
• Defendant:
Enzymatics, Inc.
Infringement
of U.S. Patent Nos. 5,670,637 ("Nucleic Acid Ligands," issued September
23, 1997) and 5,874,557 ("Nucleic Acid Ligand Inhibitors to DNA
Polymerase," issued February 23, 1999) based on Enzymatics' manufacture,
use, offers for sale, and sale of various DNA polymerases, including, Taq DSC
2.0 DNA Polymerase. View the complaint here.
Angros v.
Ventana Medical Systems Inc.
5:12-cv-01262;
filed November 14, 2012 in the Western District of Oklahoma
Infringement
of U.S. Patent Nos. 7,476,362 ("In Situ Heat Induced Antigen Recovery and
Staining Apparatus and
Method," issued January 13, 2009), 7,632,461 (same title, issued December
15, 2009), 8,007,720 (same title, issued August 30, 2011), 8,007,721 (same title,
issued August 30, 2011), 8,052,927 (same title, issued November 8, 2011),
8,071,023 (same title, issued December 6, 2011), and 8,092,742 (same title,
issued January 10, 2012) based on Ventana's manufacture, use, offers for sale,
and sale of products embodying the patented inventions. View the complaint here.
Merck Sharp
& Dohme Corp. et al. v. APP Pharmaceuticals Inc. et al.
1:12-cv-01410;
filed November 9, 2012 in the District Court of Delaware
• Plaintiffs:
Merck Sharp & Dohme Corp.; Millennium Pharmaceuticals Inc.
• Defendants:
APP Pharmaceuticals Inc.; APP Pharmaceuticals LLC; Fresenius Kabi
Pharmaceuticals Holding Inc.; Fresenius Kabi USA Inc.; Fresenius Kabi USA
LLC
Infringement
of U.S. Patent Nos. 5,807,825 ("Platelet Aggregation Inhibitors,"
issued September 15, 1998), 5,747,447 ("Stable Polypeptide Composition,"
issued May 5, 1998) and 5,968,902 ("Platelet Aggregation Inhibitors,"
issued October 19, 1999), licensed to Merck, following a Paragraph IV
certification as part of APP's filing of an ANDA to manufacture a generic
version of Merck's Integrilin® (eptifibatide injection, used to treat acute
coronary syndrome). View the complaint here.
Ferring B.V.
v. Watson Pharmaceuticals, Inc. et al.
2:12-cv-01935;
filed November 9, 2012 in the District Court of Nevada
• Plaintiff:
Ferring B.V.
• Defendants:
Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.; Watson Laboratories,
Inc. – Florida; Watson Pharma, Inc.
Ferring B.V.
v. Apotex, Inc. et al.
2:12-cv-01941;
filed November 9, 2012 in the District Court of Nevada
• Plaintiff:
Ferring B.V.
• Defendants:
Apotex, Inc.; Apotex Corp.
The
complaints in these cases are substantially identical. Infringement of U.S. Patent No. 8,273,795 ("Tranexamic
Acid Formulations," issued September 25, 2012) following a Paragraph IV
certification as part of defendants' filing of an ANDA to manufacture a generic
version of Ferring's Lysteda® (tranexamic acid, used to treat heavy menstrual
bleeding). View the Watson complaint here.
Exelixis,
Inc. v. Kappos
1:12-cv-01284;
filed November 9, 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. 8,178,532 ("c-Met Modulators and
Method of Use," issued May 15, 2012).
View the complaint here.
AbbVie Inc. et
al. v. Watson Pharmaceuticals Inc. et al.
1:12-cv-01409;
filed November 8, 2012 in the District Court of Delaware
• Plaintiffs:
AbbVie Inc.; Abbott Respiratory LLC
• Defendants:
Watson Pharmaceuticals Inc.; Watson Laboratories Inc. – Florida; Watson Pharma
Inc.
Infringement
of U.S. Patent Nos. 6,080,428 ("Nicotinic Acid Compositions for Treating
Hyperlipidemia and Related Methods Therefor," issued June 27, 2000) and
6,469,035 ("Methods of Pretreating Hyperlipidemic Individuals with a Flush
Inhibiting Agent Prior to the Start of Single Daily Dose Nicotinic Acid Therapy
to Reduce Flushing Provoked by Nicotinic Acid," issued October 22, 2002)
following a Paragraph IV certification as part of Watson's filing of an ANDA to
manufacture a generic version of Abbott's Niaspan® (niacin extended-release
tablets, used to treat hypercholesterolemia).
View the complaint here.

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