By Sherri Oslick —
About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Forest
Laboratories Inc. et al. v. First Time US Generics LLC
1:13-cv-01642;
filed October 2, 2013 in the District Court of Delaware
• Plaintiffs:
Forest Laboratories Inc.; Forest Laboratories Holdings Ltd.; Royalty Pharma
Collection Trust
• Defendant:
First Time US Generics LLC
Infringement
of U.S. Patent Nos. 6,602,911 ("Methods of Treating Fibromyalgia,"
issued August 5, 2003), 7,888,342 ("Methods of Treating Fibromyalgia
Syndrome, Chronic Fatigue Syndrome and Pain," issued February 15, 2011),
and 7,994,220 ("Milnacipran for the Long-Term Treatment of Fibromyalgia
Syndrome," issued August 9, 2011), all licensed to Forest, following a
Paragraph IV certification as part of First Time's filing of an ANDA to
manufacture a generic version of Forest's Savella® (milnacipran hydrochloride,
used in the management of fibromyalgia).
View the complaint here.
Andrulis
Pharmaceuticals Corp. v. Celgene Corp.
1:13-cv-01644;
filed October 2, 2013 in the District Court of Delaware
Infringement
of U.S. Patent No. 6,140,346 ("Treatment of Cancer with Thalidomide Alone
or in Combination with Other Anti-Cancer Agents," issued October 31, 2000)
based on Celgene's promotion of its Thalomid® (thalidomide), Revlimid®
(lenalidomide), and/or Alkeran® (melphalan) products for off-label use in the
treatment of cancer, including multiple myeloma. View the complaint here.
Helsinn
Healthcare S.A. et al. v. Dr. Reddy's Laboratories, Ltd. et al.
3:13-cv-05815;
filed September 30, 2013 in the District Court of New Jersey
• Plaintiffs:
Helsinn Healthcare S.A.; Roche Palo Alto LC
• Defendants:
Dr. Reddy's Laboratories, Ltd.; Dr. Reddy's Laboratories, Inc.; Sandoz Inc.;
Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries, Ltd.
Infringement
of U.S. Patent No. 8,518,981 ("Liquid Pharmaceutical
Formulations of Palonosetron," issued August 27, 2013) in conjunction with Dr.
Reddy's filing of an ANDA to manufacture a generic version of Helsinn's Aloxi®
(palonosetron hydrochloride intravenous solution, used to prevent chemotherapy
induced nausea and vomiting). View the
complaint here.
Pfizer Inc. et
al. v. Apotex Inc., et al.
1:13-cv-06962;
filed September 27, 2013 in the Northern District of Illinois
• Plaintiffs:
Pfizer Inc.; Wyeth LLC; Pfizer Pharmaceuticals LLC; PF Prism C.V.; Pfizer
Manufacturing Holdings LLC
• Defendants:
Apotex Inc; Apotex Corp.
Infringement
of U.S. Patent No. 8,372,995 ("Crystalline Solid Forms of Trigecycline and
Methods of Preparing Same," issued February 12, 2013), licensed to Pfizer,
following a Paragraph IV certification as part of Apotex's filing of an ANDA to
manufacture a generic version of Pfizer's Tygacil® (tigecycline injectible,
used for the treatment of complicated skin and skin structure infections,
complicated intra-abdominal infections, and community-acquired bacterial
pneumonia). View the complaint here.
Otsuka
Pharmaceutical Co., Ltd. et al. v. Sandoz, Inc.
3:13-cv-05788;
filed September 27, 2013 in the District Court of New Jersey
• Plaintiffs:
Otsuka Pharmaceutical Co., Ltd.; Board of Regents of The University of Texas
System; University of Houston
• Defendant:
Sandoz, Inc.
Infringement
of U.S. Patent Nos. 5,430,057 ("Parenteral Busulfan for Treatment of
Malignant Disease," issued July 4, 1995) and 5,559,148 (same title, issued
September 24, 1996), licensed to Otsuka, following a Paragraph IV certification
as part of Sandoz's filing of an ANDA to manufacture a generic version of
Otsuka's Busulfex® (busulfan injection, used in combination with
cyclophosphamide as a conditioning regimen prior to allogeneic hematopoietic
progenitor cell transplantation for chronic myelogenous leukemia). View the complaint here.
Galderma
Laboratories, L.P. et al. v. Perrigo Israel Pharmaceuticals Ltd. et al.
3:13-cv-03930;
filed September 27, 2013 in the Northern District of Texas
• Plaintiffs:
Galderma Laboratories, L.P.; Galderma SA; Galderma Research & Development
SNC
• Defendants:
Perrigo Israel Pharmaceuticals Ltd.; Perrigo Co.
Infringement
of U.S. Patent Nos. 7,820,186 ("Gel Composition for Once-Daily Treatment
of Common Acne Comprising a Combination of Benzoyl Peroxide and Adapalene
and/or Adapalene Salt," issued October 26, 2010), 7,964,202 ("Method
for Treatment of Common Acne," issued June 21, 2011), 8,071,644 ("Combinations
of Adapalene and Benzoyl Peroxide for Treating Acne Lesions," issued
December 6, 2011), 8,080,537 (same title, issued December 26, 2011), 8,105,618
("Dermatological/Cosmetic Gels Comprising At Least One Retinoid and/or
Retinoid Salt and Benzoyl Peroxide," issued January 31, 2012), 8,129,362 ("Combination/Association
of Adapalene and Benzoyl Peroxide for Treating Acne Lesions," issued March
6, 2012), 8,241,649 ("Dermatological/Cosmetic Gels Comprising at Least One
Retinoid and/or Retinoid Salt and Benzoyl Peroxide," issued August 14,
2012), and 8,445,543 ("Combinations of Adapalene and Benzoyl Peroxide for
Treating Acne Lesions," issued May 21, 2013) following a Paragraph IV
certification as part of Perrigo's filing of an ANDA to manufacture a generic
version of Galderma's Epiduo® Gel (adapalene and benzoyl peroxide, used to
treat acne vulgaris). View the complaint here.

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