Court Report -- August 18, 2013

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

Amgen Inc. et al. v. Teva Biopharmaceuticals USA, Inc. et al.
2:13-cv-04911; filed August 12, 2013 in the District Court of New Jersey

• Plaintiffs:  Amgen Inc.; Amgen Manufacturing, Limited
• Defendants:  Teva Biopharmaceuticals USA, Inc.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.

Infringement of U.S. Patent No. 8,058,398 ("Modified G-CSF Polypeptide," issued November 15, 2011) based on Teva's manufacture, use, and intended sale of, and filing of a Biologics License Application for, its Lonquex® (lipegfilgrastim, used to to reduce the duration of severe neutropenia in cancer patients undergoing chemotherapy).  View the complaint here.

Novo Nordisk Inc. et al. v. Amneal Pharmaceuticals, LLC et al.
3:13-cv-04915; filed August 12, 2013 in the District Court of New Jersey

• Plaintiffs:  Novo Nordisk Inc.; Novo Nordisk Femcare AG
• Defendants:  Amneal Pharmaceuticals, LLC; Amneal Pharmaceuticals of New York, LLC

Infringement of U.S. Patent No. 7,018,992 ("Hormone Composition," issued March 28, 2006) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of Novo Nordisk's Vagifem® (estradiol vaginal tablets, used to treat atrophic vaginitis due to menopause).  View the complaint here.

Astrazeneca AB et al. v. Wockhardt Ltd. et al.
3:13-cv-04854; filed August 12, 2013 in the District Court of New Jersey

• Plaintiffs:  Astrazeneca AB; Aktiebolaget Hassle; Astrazeneca LP; KBI Inc.; KBI-E Inc.
• Defendants:  Wockhardt Ltd.; Wockhardt USA LLC

Infringement of U.S. Patent Nos. 5,714,504 ("Compositions," issued February 3, 1988), 5,877,192 ("Method for the Treatment of Gastric Acid-Related Diseases and Production of Medication Using (-)Enantiomer of Omeprazole," issued March 2, 1999), and 6,875,872 ("Compounds," issued April 5, 2005), following a Paragraph IV certification as part of Wockhardt's filing of an ANDA to manufacture a generic version of AstraZeneca's Nexium® (esomeprazole magnesium, used for the treatment of gastroesophageal reflux disease).  View the complaint here.

Depomed, Inc. v. Banner Pharmacaps Inc. et al.
1:13-cv-00653; filed August 9, 2013 in the Middle District of North Carolina

• 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.

Supernus Pharmaceuticals, Inc. v. Actavis Inc. et al.
2:13-cv-04740; filed August 7, 2013 in the District Court of New Jersey

• Plaintiff:  Supernus Pharmaceuticals, Inc.
• Defendants:  Actavis Inc.; Watson Laboratories, Inc. – Florida; Actavis Pharma, Inc.; Watson Laboratories, Inc.; Anda, Inc.

Infringement of U.S. Patent Nos. 7,722,898 ("Modified-Release Preparations Containing Oxcarbazepine and Derivatives Thereof,"  issued May 25, 2010) and 7,910,131 ("Method of Treating Seizures Using Modified Release Formulations of Oxcarbazepine," issued March 22, 2011) following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Supernus'Oxtellar XR (oxcarbazepine extended-release tablets, used for adjunctive therapy in the treatment of partial seizures in adults and in children 6 to 17 years of age).  View the complaint here.