Court Report - August 5, 2012

[author: Sherri Oslick]

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

Sunovion Pharmaceuticals Inc. v. Watson Pharmaceuticals Inc. et al.
1:12-cv-00993; filed July 27, 2012 in the District Court of Delaware

• Plaintiff:  Sunovion Pharmaceuticals Inc.
• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc.; Watson Pharma Inc.

Infringement of U.S. Patent No. 7,256,310 ("Levalbuterol Salt," issued August 4, 2007) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Sunovion's Xopenex® HFA (levalbuterol hydrochloride inhalation aerosol, used to treat bronchospasm caused by asthma and chronic obstructive pulmonary disease).  View the complaint here.

Southern Research Institute et al. v. Abon Pharmaceuticals LLC
2:12-cv-04709; filed July 27, 2012 in the District Court of New Jersey

• Plaintiffs:  Southern Research Institute; Genzyme Corp.
• Defendant:  Abon Pharmaceuticals LLC

Infringement of U.S. Patent No. 5,661,136 ("2-Halo-2'-Fluoro ARA Adenosines as Antinoplastic Agents," issued August 26, 1997) following a Paragraph IV certification as part of Abon's filing of an ANDA to manufacture a generic version of Genzyme's Clolar® (clofarabine injection, used to treat acute lymphoblastic leukemia).  View the complaint here.


Meda Pharmaceuticals Inc. v. Cadila Healthcare Ltd. et al.
3:12-cv-04719; filed July 27, 2012 in the District Court of New Jersey

• Plaintiff:  Meda Pharmaceuticals Inc.
• Defendants:  Cadila Healthcare Ltd.; Zydus Cadila; Zydus Pharmaceuticals USA Inc.

Infringement of U.S. Patent No. 8,071,073 ("Compositions Comprising Azelastine and Methods of Use Thereof," issued December 6, 2011) following a Paragraph IV certification as part of Cadila's filing of an ANDA to manufacture a generic version of Meda's Astepro® (azelastine hydrochloride nasal spray, used to treat hay fever and allergy symptoms).  View the complaint here.


Galderma Laboratories LP et al. v. Watson Pharmaceuticals Inc. et al.
3:12-cv-02563; filed July 27, 2012 in the Northern District of Texas

• Plaintiffs:  Galderma Laboratories LP; Galderma SA; Galderma Research & Development SNC
• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc.

Infringement of U.S. Patent Nos. 8,071,644 ("Combinations of Adapalene and Benzoyl Peroxide for Treating Acne Lesions," issued December 6, 2011), 8,080,537 (same title, issued December 26, 2011), 8,105,618 ("Dermatological/Cosmetic Gels Comprising At Least One Retinoid and/or Retinoid Salt and Benzoyl Peroxide," issued January 31, 2012), and 8,129,362 ("Combination/Association of Adapalene and Benzoyl Peroxide for Treating Acne Lesions," issued March 6, 2012) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Galderma's Epiduo® Gel (adapalene and benzoyl peroxide, used to treat acne vulgaris).  View the complaint here.

Purdue Pharma L.P. et al. v. Actavis Elizabeth LLC
1:12-cv-05615; filed July 20, 2012 in the Southern District of New York

• Plaintiffs:  Purdue Pharma L.P.; Grunenthal GmbH
• Defendant:  Actavis Elizabeth LLC

Infringement of U.S. Patent No. 8,114,383 ("Abuse-Proofed Dosage Form," issued February 14, 2012 following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone hydrochloride, used to treat pain).  View the complaint here.