By Sherri Oslick —
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Eli Lilly and Company v.
Kappos et al.
1:12-cv-01491; filed December
26, 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. 7,498,414 ("Human Antibodies Specific to KDR and Uses
Thereof," issued March 3, 2009).
View the complaint here.
Millennium Pharmaceuticals
Inc. v. Actavis Inc.
1:12-cv-01750; filed December
21, 2012 in the District Court of Delaware
Infringement of U.S. Patent
Nos. 6,713,446 ("Formulation of Boronic Acid Compounds," issued March
30, 2004) and 6,958,319 (same title, issued October 25, 2005), licensed
exclusively to Millennium, following a Paragraph IV certification as part of
Actavis' filing of an ANDA to manufacture a generic version of Millenium's
Velcade® (bortezomib, used to treat multiple myeloma). View the complaint here.
UCB, Inc. et al. v. Teva
Pharmaceuticals USA, Inc. et al.
1:12-cv-04420; filed December
21, 2012 in the Northern District of Georgia
• Plaintiffs: UCB, Inc.; UCB
Manufacturing, Inc.
• Defendants: Teva
Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries, Ltd.
Infringement of U.S. Patent
No. 6,344,215 ("Methylphenidate Modified Release Formulations,"
issued February 5, 2005) based on Teva's manufacture and sale of a generic
version of UCB's Metadate CD® (methylphenidate hydrochloride, used to treat
attention deficit hyperactivity disorder).
View the complaint here.
Bristol-Myers Squibb Co.
v. Dr. Reddy's Laboratories, Ltd. et al.
3:12-cv-07800; filed December
21, 2012 in the District Court of New Jersey
• Plaintiff: Bristol-Myers
Squibb Co.
• Defendants: Dr. Reddy's
Laboratories, Ltd.; Dr. Reddy's Laboratories, Inc.
Infringement of U.S. Patent
Nos. 6,670,384 ("Methods of Administering Epothilone Analogs for the
Treatment of Cancer," issued December 30, 2003), 7,022,330 ("Parenteral
Formulation for Epothilone Analogs," issued April 4, 2006), and RE41,393 ("Treatment
of Refractory Tumors Using Epothilone Derivatives," reissued June 22,
2010) following a Paragraph IV certification as part of Dr. Reddy's filing of
an ANDA to manufacture a generic version of BMS's Ixempra® kit product
(ixabepilone), used to treat breast cancer).
View the complaint here.
BioGeneriX GmbH v. Kappos
1:12-cv-01484; filed December
21, 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. 8,207,112 ("Liquid Formulation of G-CSF Conjugate,"
issued June 26, 2012). View the
complaint here.
Cerenis Therapeutics Holding
SA v. Kappos
1:12-cv-01488; filed December
21, 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. 8,206,750 ("Charged Lipoprotein Complexes and Their
Uses," issued June 26, 2012). View
the complaint here.
Glaxo Group Ltd. et al. v.
Kappos
1:12-cv-01481; filed December
21, 2012 in the Eastern District of Virginia
• Plaintiffs: Glaxo Group
Ltd.; SmithKline Beecham Ltd.; Glaxosmithkline Consumer Healthcare GmbH
& Co. KG
• 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. 8,207,176 ("Compounds," issued June 16, 2012),
8,216,576 ("Method for Inhibiting Binding to B-cell Receptor," issued
July 10, 2012), 8,236,345 ("Composition and Use," issued August 7,
2012), and 8,220,102 ("Toothbrush" issued July 17, 2012). View the complaint here.
Millennium Pharmaceuticals,
Inc. v. Kappos
1:12-cv-01479; filed December
21, 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. 8,207,177 ("Inhibitors of E1 Activating Enzymes,"
issued June 26, 2012). View the
complaint here.
Conaris Research Institute AG
v. Kappos
1:12-cv-01482; filed
December 21, 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. 8,206,948 ("Optimized Nucleotide Sequences Encoding
SGP130," issued June 26, 2012).
View the complaint here.
Supernus Pharmaceuticals, Inc.
v. Kappos
1:12-cv-01485; filed December
21, 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. 8,206,740 ("Once Daily Formulations of Tetracyclines,"
issued June 26, 2012). View the
complaint here.
DSM I.P. Assets B.V. v. Kappos
1:12-cv-01490; filed December
21, 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. 8,206,981 ("Process for Cell Culturing by Continuous
Perfusion and Alternating Tangential Flow," issued June 26, 2012). View the complaint here.
Genetic Technologies Ltd.
v. Laboratory Corp. of America Holdings et al.
1:12-cv-01736; filed December
20, 2012 in the District Court of Delaware
• Plaintiff: Genetic
Technologies Ltd.
• Defendants: Laboratory Corp.
of America Holdings; Laboratory Corp. of America; 23andMe Inc.
Infringement of U.S. Patent
No. 7,615,342 ("ACTN3 Genotype Screen for Athletic Performance,"
issued November 10, 2009) based on Laboratory Corporation's genomic testing and
analysis services, including ACTN3 gene testing and analysis. View the complaint here.
Genetic Technologies Ltd.
v. Natera Inc.
1:12-cv-01737; filed December
20, 2012 in the District Court of Delaware
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 Natera's
manufacture, use, sale, and offer for sale of DNA testing services, including
preimplantation genetic diagnosis for in vitro fertilization. View the complaint here.
Genetic Technologies Ltd.
v. HistoGenetics LLC
1:12-cv-01738; filed December
20, 2012 in the District Court of Delaware
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 HistoGenetic's
provision of tissue-typing services, including human leukocyte antigen typing
services by sequenced-based typing for blood stem cell transplants. View the complaint here.
Endo Pharmaceuticals Inc. et
al. v. Par Pharmaceutical Companies, Inc. et al.
1:12-cv-09261; filed
December 19, 2012 in the Southern District of New York
• Plaintiffs: Endo
Pharmaceuticals Inc.; Grunenthal GmbH
• Defendants: Par
Pharmaceutical Companies, Inc.; Par Pharmaceutical, Inc.
Infringement of U.S. Patent Nos.
8,114,383 ("Abuse-Proofed Dosage Form," issued February 14, 2012),
8,192,722 (same title, issued June 5, 2012), 8,309,060 (same title, issued
November 13, 2012), 7,851,482 ("Method for Making Analgesics," issued
December 14, 2010), 8,309,122 ("Oxymorphone Controlled Release
Formulations," issued November 13, 2012), and 8,329,216 (same title,
issued December 11, 2012) following a Paragraph IV certification as part of Par's
filing of an ANDA to manufacture a generic version of Endo's Opana® ER
(oxymorphone hydrochloride, used to treat moderate to severe pain in patients
requiring continuous, around-the-clock opioid treatment for an extended period
of time). View the complaint here.
Intrexon Corp. v. Kappos
1:12-cv-01451; filed December
17, 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. 8,236,556 ("Method of Modulating Gene Expression Using
and Ecdysone Receptor-Based Inducible Gene Expression System," issued
August 7, 2012). View the complaint here.

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