Court Report - August 12, 2012

McDonnell Boehnen Hulbert & Berghoff LLP
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[author: Sherri Oslick]

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

Cumberland Pharmaceuticals Inc. v. Perrigo Co.
1:12-cv-06327; filed August 9, 2012 in the Northern District of Illinois

Infringement of U.S. Patent No. 8,148,356 ("Acetylcysteine Composition and Uses Therefor," issued April 3, 2012) following a Paragraph IV certification as part of Perrigo's filing of an ANDA to manufacture a generic version of Cumberland's Acetadote® (N-acetylcysteine  injection, used to prevent or lessen hepatic injury after ingestion of a potentially hepatotoxic quantity of acetaminophen).  View the complaint here.

Nycomed GmbH et al. v. Apotex Inc. et al.
1:12-cv-01073; filed August 2, 2012 in the Southern District of Indiana

• Plaintiffs:  Nycomed GmbH; Teijin Pharma Ltd.; Sunovion Pharmaceuticals Inc.
• Defendants:  Apotex Inc.; Apotex Corp.

Infringement of U.S. Patent Nos. 6,767,901 ("Ciclesonide Contained Pharmaceutical Composition for Application to Mucosa," issued July 27, 2004), 6,939,559 ("Pharmaceutical Composition for Application to Mucosa," issued September 6, 2005), and 7,235,247 (same title, issued June 26, 2007) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Nycomed's Omnaris® Nasal Spray (clesonide, used to treat nasal symptoms associated with seasonal allergic rhinitis).  View the complaint here.

Astrazeneca Pharmaceuticals LP et al. v. Amneal Pharmaceuticals, LLC et al.
3:12-cv-04841; filed August 2, 2012 in the District Court of New Jersey

• Plaintiffs:  Astrazeneca Pharmaceuticals LP; Astrazeneca UK Ltd.
• Defendants:  Amneal Pharmaceuticals, LLC; Amneal Holdings, LLC; Amneal Pharmaceuticals Holding Co., LLC; Amneal Pharmaceuticals of New York, LLC; Amneal Pharmaceuticals Co. India Private Ltd.

Infringement of U.S. Patent No. 5,948,437 ("Pharmaceutical Compositions Using Thiazepine," issued September 7, 1999) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of AstraZeneca's Seroquel® XR (quetiapine fumarate, used to treat schizophrenia and bipolar disorder).  View the complaint here.

Millennium Pharmaceuticals Inc. v. Sandoz Inc.
1:12-cv-01011; filed August 2, 2012 in the District Court of Delaware

Infringement of U.S. Patent Nos. 6,713,446 ("Formulation of Boronic Acid Compounds," issued March 30, 2004) and 6,958,319 (same title, issued October 25, 2005), licensed exclusively to Millennium, following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Millenium's Velcade® (bortezomib, used to treat multiple myeloma).  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.

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