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

Astrazeneca AB et al. v. Aurobindo Pharma Ltd. et al.
3:13-cv-07298; filed December 3, 2013 in the District Court of New Jersey

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

Astrazeneca AB et al. v. Kremers Urban Pharmaceuticals, Inc. et al.
3:13-cv-07299; filed December 3, 2013 in the District Court of New Jersey

• Plaintiffs:  Astrazeneca AB; Aktiebolaget Hassle; Astrazeneca LP; KBI Inc.; KBI-E Inc.
• Defendants:  Kremers Urban Pharmaceuticals, Inc.; Kremers Urban Development Co.; Kremers Urban LLC

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 5,714,504 ("Compositions," issued February 3, 1988), 6,369,085 ("Form of S-omeprazole," issued April 9, 2002), 7,411,070 (same title, issued August 12, 2008), and 8,466,175 (same title, issued June 18, 2013) following a Paragraph IV certification as part of defendants' 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 Aurobindo complaint here.

University of Utah Research Foundation et al. v. Laboratory Corporation of America Holdings
2:13-cv-01069; filed December 3, 2013 in the District Court of Utah

• Plaintiffs:  University of Utah Research Foundation; Trustees of the University of Pennsylvania; HSC Research and Development Limited Partnership; Endorecherche; Myriad Genetics
• Defendant:  Laboratory Corporation of America Holdings

Infringement of U.S. Patent Nos. 5,709,999 ("Linked Breast and Ovarian Cancer Susceptibility Gene," issued January 20, 1998), 5,747,282 ("17Q-Linked Breast and Ovarian Cancer Susceptibility Gene," issued May 5, 1998), 5,753,441 (same title, issued May 19, 1998), 5,837,492 ("Chromosome 13-Linked Breast Cancer Susceptibility Gene," issued November 17, 1998), 6,033,857 (same title, issued March 7, 2000), 5,654,155 ("Consensus sequence of the human BRCA1 gene," issued August 5, 1997), 5,750,400 ("Coding sequences of the human BRCA1 gene," issued May 12, 1998), 6,051,379 ("Cancer susceptibility mutations of BRCA2," issued April 18, 2000), 6,951,721 ("Method for determining the haplotype of a human BRCA1 gene," issued October 5, 2005), 7,250,497 ("Large deletions in human BRCA1 gene and use thereof," issued July 31, 2007), and 6,083,698 ("Cancer Susceptibility Mutations of BRCA1," issued July 4, 2000) based on Lab Corporation's manufacture, sale, and offer for sale of its BRCA1/2 Comprehensive Analysis (BRCAssureSM) and/or BRCA1/2 Deletion/Duplication Analysis (BRCAssureSM) products.  View the complaint here.

Biogen Idec MA Inc. v. Japanese Foundation for Cancer Research et al.
1:13-cv-13061; filed December 2, 2013 in the District Court of Massachusetts

• Plaintiff:  Biogen Idec MA Inc.
• Defendants:  Japanese Foundation for Cancer Research; Kyowa Hakko Kirin Co., Ltd.; Toray Industries, Inc.; Bayer Pharma AG

Review of the decision of the Patent Trial and Appeal Board awarding priority of invention to the Japanese Foundation for Cancer Research in the interference between U.S. Patent Application No. 08/253,843 ("DNA Sequences, Recombinant DNA Molecules and Processes for Producing Human Fibroblast Interferon-like Polypeptides," filed June 3, 1994), assigned to Biogen Idec and U.S. Patent Application No. 08/463,757 (filed June 5, 1995), assigned to Japanese Foundation for Cancer Research.  View the complaint here.

Idenix Pharmaceuticals Inc. et al. v. Gilead Sciences Inc. et al.
1:13-cv-01987; filed December 1, 2013 in the District Court of Delaware

• Plaintiffs:  Idenix Pharmaceuticals Inc.; Universita Degli Studi di Cagliari; Centre National de la Recherche Scientifique; L' Universite Montpellier II
• Defendants:  Gilead Sciences Inc.; Gilead Pharmasset LLC

Infringement of U.S. Patent No. 7,608,600 ("Modified 2' and 3' Nucleoside Prodrugs for Treating Flaviviridae Infections," issued October 27, 2009) based on Gilead's anticipated manufacture, sale, and offer for sale of its sofosbuvir product, a 2'-methyl nucleoside for the treatment of hepatitis C virus infection.  Also, adjudication of priority of invention of the '600 patent relative to Gilead's U. S. Patent No. 8,415,322 ("Modified Fluorinated Nucleoside Analogues," issued April 9, 2013).  View the complaint here.

Idenix Pharmaceuticals, Inc. et al. v. Gilead Sciences, Inc.
1:13-cv-13052; filed December 1, 2013 in the District Court of Massachusetts

• Plainitffs:  Idenix Pharmaceuticals, Inc.; Universita Degli Studi Di Cagliari
• Defendant:  Gilead Sciences, Inc.

Infringement of U.S. Patent Nos. 6,914,054 ("Methods And Compositions For Treating Hepatitis C Virus," issued July 5, 2005) and 7,608,597 ("Methods And Compositions For Treating Hepatitis C Virus issued October 27, 2009) based on Gilead's anticipated manufacture, sale, and offer for sale of its sofosbuvir product for the treatment of hepatitis C virus infection.  View the complaint here.

 

Topics:  Biotechnology, Cancer, DNA, Human Genes, Life Sciences, Patent Infringement, Patent Litigation, Patents, Pharmaceutical

Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology Updates

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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