By Sherri Oslick —
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Purdue Pharma L.P. et al. v.
Epic Pharma, LLC
1:13-cv-00683; filed January
30, 2013 in the Southern District of New York
• Plaintiffs: Purdue Pharma
L.P.; The P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Rhodes
Technologies
• Defendant: Epic Pharma, LLC
Purdue Pharma L.P. et al. v.
Impax Laboratories, Inc.
1:13-cv-00684; filed January
30, 2013 in the Southern District of New York
• Plaintiffs: Purdue Pharma
L.P.; The P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Rhodes
Technologies
• Defendant: Impax
Laboratories, Inc.
The complaints in these cases
are substantially identical. Infringement
of U.S. Patent Nos. 7,674,799 ("Oxycodone Hydrochloride Having Less Than
25 PPM 14-Hydroxycodeinone," issued March 9, 2010), 7,674,800 (same title,
issued March 9, 2010), and 7,683,072 (same title, issued March 23, 2010)
following a Paragraph IV certification as part of defendants' filing of an ANDA
to manufacture a generic version of Purdue Pharma's OxyContin® (controlled
release oxycodone hydrochloride, used to treat pain). View the Epic
complaint here.
Santarus, Inc. et al. v. Mylan
Pharmaceuticals Inc. et al.
1:13-cv-00017; filed January
30, 2013 in the Northern District of West Virginia
• Plaintiffs: Santarus, Inc.;
Veloxis Pharmaceuticals A/S
• Defendants: Mylan
Pharmaceuticals Inc.; Mylan Inc.
Santarus Inc. et al. v. Mylan
Inc. et al.
1:13-cv-00145; filed January
28, 2013 in the District Court of Delaware
• Plaintiffs: Santarus Inc.;
Veloxis Pharmaceuticals A/S
• Defendants: Mylan Inc.;
Mylan Pharmaceuticals Inc.
The complaints in these cases
are substantially identical.
Infringement of U.S. Patent Nos. 7,658,944 ("Solid Dosage Form
Comprising a Fibrate," issued February 9, 2010) and 8,124,125 (same title, issued February 28,
2012) following a Paragraph IV certification as part of Mylan's filing of an
ANDA to manufacture a generic version of Santarus' Fenoglide® (fenofibrate,
used to treat hyperlipidemia, mixed dyslipidemia, or
hypertriglyceridemia). View the Delaware
complaint here.
Depomed, Inc. v. Purdue Pharma
L.P. et al.
3:13-cv-00571; filed January
29, 2013 in the District Court of New Jersey
• Plaintiff: Depomed, Inc.
• Defendants: Purdue Pharma L.P.; P.F. Laboratories, Inc.; Purdue Pharmaceuticals, L.P.; Rhodes
Technologies
Infringement of U.S. Patent
Nos. 6,340,475 ("Extending the Duration of Drug Release Within the Stomach
During the Fed Mode," issued January 22, 2002), 6,635,280 ("Extending
the Duration of Drug Release Within the Stomach During the Fed Mode,"
issued October 21, 2003), and 6,723,340 ("Optimal Polymer Mixtures for
Gastric Retentive Tablets," issued April 20, 2004) based on Purdue's
commercial manufacture, use, offer to sell, and/or sale of OxyContin® within
the United States, or importation of OxyContin® into the United States. View the complaint here.
Auxilium Pharmaceuticals Inc. et
al. v. Upsher-Smith Laboratories Inc.
1:13-cv-00148; filed January
28, 2013 in the District Court of Delaware
• Plaintiffs: Auxilium
Pharmaceuticals Inc.; FCB I LLC
• Defendant: Upsher-Smith
Laboratories Inc.
Infringement of U.S. Patent
Nos. 7,320,968 ("Pharmaceutical Composition," issued January 22,
2008), 7,608,605 (same title, 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), 8,063,029 (same title, issued November 22, 2011),
and 8,178,518 (same title, issued May 15, 2012) following a Paragraph IV
certification as part of Upsher-Smith's filing of an NDA (under § 505(b)(2) of
the Food, Drug and Cosmetic Act) to manufacture a generic version of Auxilium's
Testim® (transdermal testosterone gel, used to treat hypogonadism in men). View the complaint here.
UCB Pharma, S.A. v. Kappos
1:13-cv-00117; filed January
28, 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. 8,231,875 ("Neutralising Antibody Molecules Having
Specificity for Human IL-17," issued July 31, 2012). View the complaint here.
Pfizer Inc. et al. v.
Wockhardt Ltd. et al.
1:13-cv-00143; filed January
25, 2013 in the District Court of Delaware
• Plaintiffs: Pfizer Inc.;
Warner-Lambert Co. LLC; PF Prism CV; Northwestern University
• Defendants: Wockhardt
Ltd.; Wockhardt USA LLC
Infringement of U.S. Patent
No. 6,197,819 ("Gamma Amino Butyric Acid Analogs and Optical Isomers,"
issued March 6, 2001) following a Paragraph IV certification as part of
Wockhardt's filing of an ANDA to manufacture a generic version of Pfizer's
Lyrica® (pregabalin, used to treat fibromyalgia). View the complaint here.
Glenmark Generics Ltd. et al.
v. GlaxoSmithKline PLC et al.
1:13-cv-00135; filed January
24, 2013 in the District Court of Delaware
• Plaintiffs: Glenmark
Generics Ltd.; Glenmark Generics Inc. USA
• Defendants: GlaxoSmithKline
PLC; GlaxoSmithKline LLC; Stiefel Laboratories Inc.
Declaratory judgment of
non-infringement and invalidity of U.S. Patent Nos. 6,025,389 ("Pharmaceutical
and Veterinary Compositions of Mupirocin and Methods for Their Preparation,"
issued February 15, 2000) and 5,569,672 ("Compounds," issued October 29, 1996) in conjunction with Glenmark's
filing of an ANDA to manufacture a generic version of GSK's Bactroban® Cream
(mupirocin calcium, used to treat secondarily infected traumatic skin lesions
due to susceptible strains of S. aureus
and S. pyogenes). View the complaint here.
AbbVie Inc. et al. v. Sun
Pharmaceutical Industries Ltd. et al.
1:13-cv-00138; filed January
24, 2013 in the District Court of Delaware
• Plaintiffs: AbbVie Inc.;
Wisconsin Alumni Research Foundation
• Defendants: Sun
Pharmaceutical Industries Ltd.; Sun Pharma Global FZE; Sun Pharmaceutical
Industries Inc.
Infringement of U.S. Patent
No. 5,597,815 ("Prevention of Hyperphosphatemia in Kidney Disorder
Patients," issued January 28, 1997) based on Sun's filing of an ANDA to
manufacture a generic version of Abbott's Zemplar® (paricalcitol, used to treat
secondary hyperparathyroidism in patients with kidney failure). View the complaint here.

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