By Sherri Oslick

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

Depomed, Inc. v. Endo
Pharmaceuticals Inc.

3:13-cv-02467; filed April 17,
2013 in the District Court of New Jersey

Infringement of U.S. Patent
Nos. 6,723,340 ("Optimal Polymer Mixtures for Gastric Retentive Tablets,"
issued April 20, 2004), 6,635,280 ("Extending the Duration of Drug Release
Within the Stomach During the Fed Mode," issued October 21, 2003), and
6,340,475 ("Extending the Duration of Drug Release Within the Stomach
During the Fed Mode," issued January 22, 2002), based on Endo’s
manufacture, use, offer to sell, and/or sale of its 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.


Shionogi & Co., Inc., Ltd.
v. Hospira Inc.

3:13-cv-02400; filed April 15,
2013 in the District Court of New Jersey

Infringement of U.S. Patent
No. 8,247,402 ("Crystal Form of Pyrrolidylthiocarbapenem Derivative,"
issued August 21, 2012) following a Paragraph IV certification as part of
Hospira’s filing of an ANDA to manufacture a generic version of Shionogi's (and
Janssen's) Doribax® (doripenem injection, used to treat complicated
intra-abdominal infections and complicated urinary tract infections, including
pyelonephritis).  View the complaint here.


Braintree Laboratories, Inc.
v. Gator Pharmaceuticals, Inc. et al.

2:13-cv-01975; filed April 15,
2013 in the Eastern District of Pennsylvania

• Plaintiff:  Braintree
Laboratories, Inc.
• Defendants:  Gator
Pharmaceuticals, Inc.; KVK-Tech, Inc.

Infringement of U.S. Patent
No. 6,946,149 ("Salt Solution for Colon Cleansing," issued September
20, 2005) following a Paragraph IV certification as part of Gator’s filing of
an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a
generic version of Braintree's Suprep® (sodium sulfate, potassium sulfate and
magnesium sulfate osmotic laxative, used for bowel cleansing prior to an adult
patient having a colonoscopy procedure). 
View the complaint here.


Novartis Pharmaceuticals
Corporation v. Accord Healthcare Inc. et al.

2:13-cv-02379; filed April 12,
2013 in the District Court of New Jersey

• Plaintiff:  Novartis
Pharmaceuticals Corp.
• Defendants:  Accord
Healthcare Inc.; Fresenius Kabi USA, LLC; Hikma Farmaceutica S.A.

Infringement of U.S. Patent
No. 8,324,189 ("Use of Zolendronate for the Manufacture of a Medicament
for the Treatment of Bone Metabolism Diseases," issued December 4, 2012)
following a Paragraph IV certification as part of defendants' filing of an ANDA
to manufacture a generic version of Novartis' Zometa® (zoledronic acid, used
for the prevention of skeletal-related complications associated with
cancer).  View the complaint here.

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