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About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
UCB, Inc. et al. v. Sun Pharma Global FZE et al.
1:13-cv-05514; filed August 1, 2013 in the Northern District of Illinois
• Plaintiffs: UCB, Inc.; UCB Pharma GmbH; Research Corporation Technologies, Inc.; Harris FRC Corp.
• Defendant: Sun Pharma Global FZE; Sun Pharmaceutical Industries, LTD.; Sun Pharmaceutical Industries, Inc.
Infringement of U.S. Patent No. RE38,551 ("Anticonvulsant Enantiomeric Amino Acid Derivatives," issued July 6, 2004) following a Paragraph IV certification as part of Sun's filing of an ANDA to manufacture a generic version of UCB's Vimpat® (lacosamide, used as adjunctive therapy in the treatment of partial-onset seizures in people with epilepsy aged 17 years and older). View the complaint here.
Medical University of South Carolina Foundation for Research Development et al. v. AstraZeneca Pharmaceuticals LP
2:13-cv-02078; filed July 31, 2013 in the District Court of South Carolina
• Plaintiffs: Medical University of South Carolina Foundation for Research Development; Charleston Medical Therapeutics Inc.
• Defendant: AstraZeneca Pharmaceuticals LP
Infringement of U.S. Patent No. 6,511,800 ("Methods of Treating Nitric Oxide and Cytokine Mediated Disorders," issued January 28, 2003) based on AstraZeneca's manufacture and sale of its Crestor® product (rosuvastatin calcium, used to treat high cholesterol and atherosclerosis). View the complaint here.
Alcon Research Ltd. v. Mylan Pharmaceuticals Inc. et al.
1:13-cv-01332; filed July 26, 2013 in the District Court of Delaware
• Plaintiff: Alcon Research Ltd.
• Defendants: Mylan Pharmaceuticals Inc.; Mylan Inc.
Infringement of U.S. Patent Nos. 8,268,299 ("Self Preserved Aqueous Pharmaceutical Compositions," issued September 18, 2012), 8,323,630 (same title, issued December 4, 2012), and 8,388,941 (same title, issued March 5, 2013) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Alcon's Travatan Z® (travoprost ophthalmic solution, used to reduce elevated intraocular pressure in patients with open-angle glaucoma or ocular hypertention). View the complaint here.
Depomed, Inc. v. Banner Pharmacaps Inc. et al.
2:13-cv-04542; filed July 26, 2013 in the District Court of New Jersey
• Plaintiff: Depomed, Inc.
• Defendants: Banner Pharmacaps Inc.; Watson Laboratories, Inc.
Infringement of U.S. Patent Nos. 6,365,180 ("Oral Liquid Compositions," issued April 2, 2002), 7,662,858 ("Method of Treating Post-Surgical Acute Pain," issued February 16, 2010), 7,884,095 (same title, issued February 8, 2011), 7,939,518 (same title, issued May 10, 2011) and 8,110,606 (same title, issued February 7, 2012) following a Paragraph IV certification as part of Banner's filing of an ANDA to manufacture a generic version of Depomed's Zipsor® (diclofenac potassium, used for relief of mild to moderate acute pain). View the complaint here.
Janssen Pharmaceuticals, Inc. et al. v. Actavis Elizabeth LLC et al.
2:13-cv-04507; filed July 25, 2013 in the District Court of New Jersey
• Plaintiffs: Janssen Pharmaceuticals, Inc.; Grunenthal GmbH;
• Defendants: Actavis Elizabeth LLC; Actavis, Inc.; Actavis LLC; Alkem Laboratories Ltd.; Ascend Laboratories, LLC
Infringement of U.S. Patent Nos. RE39,593 ("1-Phenyl-3-Dimethylaminopropane Compounds With a Pharmacological Effects," issued April 24, 2007), 7,994,364 ("Crystalline Forms of (-)-(1R,2R)-3-(3-Dimethylamino-1-Ethyl-2-Methylpropyl)-Phenol Hydrochloride," issued August 9, 2011) and 8,309,060 ("Abuse-Proofed Dosage Form," issued November 13, 2012), licensed to Janssen, following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Janssen's Nucynta® and Nucynta® ER (tapentadol hydrochloride, used for the management of moderate to severe acute pain in adults). View the complaint here.
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.
© McDonnell Boehnen Hulbert & Berghoff LLP
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