By Sherri Oslick —
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Allergan, Inc. v. Apotex Inc et al.
1:13-cv-00016; filed January 8, 2013 in the Middle District of North
Carolina
• Plaintiff: Allergan, Inc.
• Defendants: Apotex Inc.; Apotex Corp.; Sandoz, Inc.; Hi-Tech Pharmacal
Co., Inc.; Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.; Watson
Pharma, Inc.
Infringement of U.S. Patent No. 8,263,054 ("Method of Enhancing
Hair Growth," issued September 11, 2012) based on defendants' ANDA to
manufacture a generic version of Allergan's Latisse® (bimatoprost topical
solution/drops, 0.03%, used to treat inadequate or not enough eye lashes). View the complaint here.
Xenetic Biosciences plc v. Kappos
1:13-cv-00022; filed January 7, 2013 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. 8,217,154 ("Activated
Sialic Acid Derivatives for Protein Derivatisation and Conjugation,"
issued July 10, 2012). View the complaint here.
Novartis Pharmaceuticals Corp. et al. v. Alvogen Pine Brook Inc. et
al.
1:13-cv-00052; filed January 4, 2013 in the District Court of Delaware
• Plaintiffs: Novartis Pharmaceuticals
Corp.; Novartis AG; Novartis Pharma AG; Novartis International
Pharmaceutical Ltd.; LTS Lohmann Therapie-Systeme AG
• Defendants: Alvogen Pine Brook Inc.; Alvogen Group Inc.
Infringement of U.S. Patent Nos. 6,316,023 ("TTS Containing an
Antioxidant," issued November 13, 2001) and 6,335,031 (same title, issued
January 1, 2002) following a Paragraph IV certification as part of Alvogen's
filing of an ANDA to manufacture a generic version of Novartis' Exelon® Patch
(rivastigmine tartrate, used to treat mild to moderate dementia of the
Alzheimer's type, and mild to moderate dementia associated with Parkinson's
disease). View the complaint here.
Genetic Technologies Ltd. v. General Genetics Corp.
1:13-cv-00055; filed January 4, 2013 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 paternity, predisposition, and forensics testing. View the complaint here.
Astrazeneca AB et al. v. Dr. Reddy's Laboratories, Inc. et al.
3:13-cv-00091; filed January 4, 2013 in the District Court of New Jersey
• Plaintiffs: Astrazeneca AB; Astrazeneca
LP; KBI-E Inc; Pozen Inc.
• Defendants: Dr. Reddy's
Laboratories, Inc.; Dr. Reddy's Laboratories, Ltd.
Infringement of U.S. Patent Nos. 5,714,504 ("Compositions,"
issued February 3, 1988), 6,369,085 ("Form of S-omeprazole," issued
April 9, 2002), 7,411,070 ("same title," issued August 12 ,2008),
7,745,466 (same title, issued June 29, 2010), and 6,926,907 ("Pharmaceutical
Compositions for the Coordinated Delivery of NSAIDs," issued August 9,
2005) following a Paragraph IV certification as part of Dr. Reddy's filing of
an ANDA to manufacture a generic version of AstraZeneca's Vimovo® (naproxen and
esomeprazole magnesium, used to relieve the signs and symptoms of
osteoarthritis, rheumatoid arthritis, and ankylosing spondylitis, and to
decrease the risk of stomach (gastric) ulcers in patients at risk of developing
stomach ulcers from treatment with non-steroidal anti-inflammatory drugs
(NSAIDs)). View the complaint here.
Noven Pharmaceuticals, Inc. v. Kappos
1:13-cv-00017; filed January 4, 2013 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. 8,216,606 ("Dermal
Composition for Controlling Drug Flux Comprising Two Acrylic Adhesive Polymers
Having Different Functionalities and Different Solubility Parameters,"
issued July 10, 2012). View the complaint here.
Celldex Therapeutics Inc. v. Kappos
1:13-cv-00018; filed January 4, 2013 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. 8,236,318 ("Antibodies
That Bind Human Dendritic and Epithelial Cell 205 (DEC-205)," issued
August 7, 2012). View the complaint here.
Transcept Pharmaceuticals, Inc. v. Kappos
1:13-cv-00019; filed January 4, 2013 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. 8,242,131 ("Methods
of Treating Middle-of-the-Night Insomnia," issued August 14, 2012). View
the complaint here.

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