Court Report -- April 22, 2013

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.