Court Report - August 19, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP

[author: Sherri Oslick]

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

Bayer Intellectual Property GmbH et al. v. Warner Chilcott Company LLC et al.
1:12-cv-01032; filed August 13, 2012 in the District Court of Delaware

• Plaintiffs:  Bayer Intellectual Property GmbH; Bayer Pharma AG
• Defendants:  Warner Chilcott Co. LLC; Warner Chilcott (US) LLC; Warner Chilcott PLC

Infringement of U.S. Patent No. 5,980,940 ("Pharmaceutical Combination Preparation for Hormonal Contraception," issued November 9, 1999) based on Warner Chilcott's manufacture and sale of its Lo Loestrin product (norethindrone acetate and ethinyl estradiol tablets, used for oral contraception).  View the complaint here.

Luitpold Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC et al.
3:12-cv-05064; filed August 10, 2012 in the District Court of New Jersey

• Plaintiff:  Luitpold Pharmaceuticals, Inc.
• Defendants:  Amneal Pharmaceuticals, LLC; Amneal Holdings, LLC; Amneal Pharmaceuticals Holding Co., LLC; Amneal Pharmaceuticals of New York, LLC.; Amneal Pharmaceuticals Co. India Private Ltd.; Recordati Ireland Ltd.

Infringement of U.S. Patent No. 6,333,044 ("Therapeutic compositions for intranasal administration which include KETOROLAC®," issued December 25, 2001) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of Luitpold's Sprix® (ketorolac tromethamine nasal spray, used for the management of moderate to moderately severe pain that requires analgesia at the opioid level).  View the complaint here.

Janssen Pharmaceuticals, Inc. v. Glenmark Generics Ltd. et al.
2:12-cv-05009; filed August 9, 2012 in the District Court of New Jersey

• Plaintiff:  Janssen Pharmaceuticals, Inc.
• Defendants:  Glenmark Generics Ltd.; Glenmark Generics Inc., USA

Infringement of U.S. Patent No. 6,214,815 ("Triphasic Oral Contraceptive," issued April 10, 2001) following a Paragraph IV certification as part of Glenmark's filing of an ANDA to manufacture a generic version of Janssen's Ortho Tri-Cyclen® Lo (norgestimate and ethinyl estradiol, used for oral contraception).  View the complaint here.

Ariad Pharmaceuticals, Inc. v. Kappos
1:12-cv-00886; filed August 9, 2012 in the Eastern District of Virginia

Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 8,114,174 ("Substituted Acetylenic Imidazo[1,2-B] Pyridazine Compounds as Kinase Inhibitors," issued February 14, 2012).  View the complaint here.


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McDonnell Boehnen Hulbert & Berghoff LLP

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