Court Report - April 8, 2012

[author: Sherri Oslick]

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

Medicis Pharmaceutical Corp. et al. v. Stiefel Laboratories, Inc. et al.
2:12-cv-01746; filed March 20, 2012 in the District Court of New Jersey

• Plaintiffs:  Medicis Pharmaceutical Corp.; Dow Pharmaceutical Sciences, Inc.
• Defendants:  Glaxosmithkline PLC; Stiefel Laboratories, Inc.

Infringement of U.S. Patent No. 6,387,383 ("Topical Low-Viscosity Gel Composition," issued May 14, 2002) based on defendants' manufacture and sale of VeltinTM(antibiotic/retinoid gel, used to treat acne).  View the complaint here.

Alkermes Pharma Ireland Limited v. Actavis Inc. et al.
1:12-cv-00323; filed March 16, 2012 in the District Court of Delaware

• Plaintiff:  Alkermes Pharma Ireland Limited
• Defendants:  Actavis Inc.; Actavis South Atlantic LLC

Infringement of U.S. Patent Nos. 6,228,398 ("Multiparticulate Modified Release Composition," issued May 8, 2001) and 6,730,325 (same title, issued May 4, 2004), licensed to Novartis, following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Novartis' Focalin® XR (extended release dexmethylphenidate hydrochloride, used to treat attention deficit hyperactivity disorder).  View the complaint here.

Abbott Laboratories et al. v. Watson Pharmaceuticals Inc. et al.
1:12-cv-00324; filed March 16, 2012 in the District Court of Delaware

• Plaintiffs:  Abbott Laboratories; Abbott Respiratory LLC
• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc. – Florida; Watson Pharma Inc.

Infringement of U.S. Patent Nos. 6,080,428 ("Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued June 27, 2000) and 6,469,035 ("Methods of Pretreating Hyperlipidemic Individuals with a Flush Inhibiting Agent Prior to the Start of Single Daily Dose Nicotinic Acid Therapy to Reduce Flushing Provoked by Nicotinic Acid," issued October 22, 2002) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Abbott's Niaspan® (niacin extended-release tablets, used to treat hypercholesterolemia).  View the complaint here.

Shire Development LLC et al. v. Osmotica Pharmaceutical Corp.
1:12-cv-00904; filed March 16, 2012 in the Northern District of Georgia

• Plaintiffs:  Shire Development LLC; Shire Pharmaceutical Development Inc.; Cosmo Technologies Ltd.; Giuliani International Ltd.
• Defendant:  Osmotica Pharmaceutical Corp.

Infringement of U.S. Patent No. 6,773,720 ("Mesalazine Controlled Release Oral Pharmaceutical Compositions," issued August 10, 2004) following a Paragraph IV certification as part of Osmotica's filing of an ANDA to manufacture a generic version of Shire's Lialda® (mesalamine, used to induce remission in patients with active, mild to moderate ulcerative colitis).  View the complaint here.

Celgene Corp. et al. v. Actavis South Atlantic LLC
2:12-cv-01688; filed March 16, 2012 in the District Court of New Jersey

• Plaintiffs:  Celgene Corp.; Novartis Pharmaceuticals Corp.; Novartis Pharma AG
• Defendant:  Actavis South Atlantic LLC

Infringement of U.S. Patent Nos. 5,908,850 ("Method of Treating Attention Deficit Disorders with d-Threo Methylphenidate," issued June 1, 1999), 6,355,656 ("Phenidate Drug Formulations Having Diminished Abuse Potential," issued March 12, 2002, with a reexamination certificate issued March 27, 2007), 6,528,530 ("Phenidate Drug Formulations Having Diminished Abuse Potential," issued March 4, 2003), 5,837,284 ("Delivery of Multiple Doses of Medications," issued November 17, 1998), 6,635,284 (same title, issued October 21, 2003), and 7,431,944 ("Delivery of Multiple Doses of Medications," issued October 7, 2008) all licensed exclusively to Novartis in certain fields of use, following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Novartis' Focalin XR® (extended release dexmethylphenidate hydrochloride, used to treat attention deficit hyperactivity disorder).  View the complaint here.