Court Report - April 22, 2012

[author: Sherri Oslick]

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

Enzo Life Sciences Inc. v. Affymetrix Inc.
1:12-cv-00433; filed April 6, 2012 in the District Court of Delaware

Enzo Life Sciences Inc. v. Agilent Technologies Inc.
1:12-cv-00434; filed April 6, 2012 in the District Court of Delaware 

Enzo Life Sciences Inc. v. Illumina Inc.
1:12-cv-00435; filed April 6, 2012 in the District Court of Delaware

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 7,064,197 ("System, Array and Non-Porous Solid Support Comprising Fixed or Immobilized Nucleic Acids," issued June 20, 2006) based on defendants' manufacture, use, and sale of nucleic acid array products.  View the Affymetrix complaint here.

Incyte Corp. v. Kappos
1:12-cv-00380; filed April 6, 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. 8,034,953 ("Modulators of Indoleamine 2,3-Dioxygenase and Methods of Using the Same," issued October 11, 2011).  View the complaint here.

Sanofi-Aventis U.S. LLC et al. v. Strides, Inc. et al.
3:12-cv-02070; filed April 5, 2012 in the District Court of New Jersey

• Plaintiffs:  Sanofi-Aventis U.S. LLC; Sanofi-Aventis; Debiopharm S.A.
• Defendants:  Strides, Inc.; Onco Therapies Ltd.; Strides Arcolab Ltd.

Infringement of U.S. Patent Nos. 5,338,874 ("Cis oxalato (trans 1-1,2-cyclohexanediamine) PT(II) Having Optically High Purity," issued August 16, 1994) and 5,716,988 ("Pharmaceutically Stable Preparation of Oxaliplatinum," issued February 10, 1998) following a Paragraph IV certification as part of Strides' filing of an ANDA to manufacture a generic version of Sanofi's Eloxatin® (oxaliplatin for injection, used to treat colorectal cancer).  View the complaint here.

Ferring B.V. et al. v. Allergan Inc. et al.
1:12-cv-02650; filed April 5, 2012 in the Southern District of New York

• Plaintiffs:  Ferring B.V.; Ferring International Center S.A.; Ferring Pharmaceuticals Inc.
• Defendants:  Allergan Inc.; Allergan USA, Inc.; Allergan Sales, LLC; Serenity Pharmaceuticals Corp.; Serenity Pharmaceuticals, LLC; Reprise Biopharmaceutics, LLC; Seymour H. Fein; Ronald V. Nardi

Correction of inventorship of U.S. Patent Nos. 7,405,203 ("Pharmaceutical Compositions Including Low Dosages of Desmopressin," issued July 29, 2008), 7,579,321 (same title, issued August 25, 2009), and 7,799,761 (same title, issued September 21, 2010) relating to Ferring's Minirin® (desmopressin, used to treat central diabetes insipidus, nocturnal enuresis, and nocturia) and various tort claims.  View the complaint here.

Teva Pharmaceuticals USA, Inc. et al. v. Synthon Pharmaceuticals, Inc. et al.
1:12-cv-02556; filed April 3, 2012 in the Southern District of New York

• Plaintiffs:  Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.; Teva Neuroscience, Inc.; Yeda Research and Develpment Co. Ltd.
• Defendants:  Synthon Pharmaceuticals, Inc.; Synthon Holding B.V.; Synthon B.V.; Synthon S.R.O.

Infringement of U.S. Patent Nos. 7,199,098 ("Copolymer-1 Improvements in Compositions of Copolymers," issued April 3, 2007), 6,939,539 (same title, issued September 6, 2005), 6,054,430 (same title, issued April 25, 2000), 6,620,847 (same title, issued September 16, 2003), 5,981,589 (same title, issued November 9, 1999), 6,342,476 (same title, issued January 29, 2002), and 6,362,161 (same title, issued March 26, 2002) following a Paragraph IV certification as part of Synthon's filing of an ANDA to manufacture a generic version of Teva's Copaxone® (glatiramer acetate injection, used for the reduction of frequency of relapses in patients with relapsing-remitting multiple sclerosis).  View the complaint here.


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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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