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About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Alcon Research Ltd. v. Wockhardt Ltd. et al.
1:13-cv-02040; filed December 19, 2013 in the District Court of Delaware
• Plaintiff: Alcon Research Ltd.
• Defendants: Wockhardt Ltd.; Wockhardt Bio AG; Wockhardt USA LLC
Infringement of U.S. Patent Nos. 8,268,299 ("Self Preserved Aqueous Pharmaceutical Compositions," issued September 18, 2012), 8,323,630 (same title, issued December 4, 2012), and 8,388,941 (same title, issued March 5, 2013) following a Paragraph IV certification as part of Wockhardt's filing of an ANDA to manufacture a generic version of Alcon's Travatan Z® (travoprost ophthalmic solution, used to reduce elevated intraocular pressure in patients with open-angle glaucoma or ocular hypertention). View the complaint here.
Gilead Sciences Inc. et al. v. Abbott Laboratories Inc. et al.
1:13-cv-02034; filed December 18, 2013 in the District Court of Delaware
• Plaintiffs: Gilead Sciences Inc.; Gilead Pharmasset LLC; Gilead Sciences Ltd.
• Defendants: Abbott Laboratories Inc.; AbbVie Inc.
Declaratory judgment of invalidity and unenforceability of U.S. Patent Nos. 8,466,159 ("Methods for Treating HCV," issued June 18, 2013) and 8,492,386 (same title, issued July 23, 2013) based on Gilead's anticipated manufacture and sale of its combination therapy for the treatment of HCV using sofosbuvir and ledipasvir. Also, various claims sounding in state law, including deceptive trade practices, slander of title/injurious falsehood, and tortious interference with prospective business relations. View the (redacted) complaint here (original filed under seal).
Warner Chilcott Co. LLC et al. v. Torrent Pharmaceuticals Ltd. et al.
1:13-cv-02039; filed December 18, 2013 in the District Court of Delaware
• Plaintiffs: Warner Chilcott Co. LLC; Warner Chilcott (US) LLC
• Defendants: Torrent Pharmaceuticals Ltd.; Torrent Pharma Inc.
Infringement of U.S. Patent No. 6,106,864 ("Pharmaceutical Formulations Containing Darifenacin," issued August 22, 2000) following a Paragraph IV certification as part of Torrent's filing of an ANDA to manufacture a generic version of Warner Chilcott's Enablex® (darifenacin, used to treat symptoms of overactive bladder). View the complaint here.
Everett Laboratories, Inc. v. Acella Pharmaceuticals, LLC
1:13-cv-07603; filed December 17, 2013 in the District Court of New Jersey
Infringement of U.S. Patent No. 8,609,629 ("Kits and Methods for Nutrition Supplementation," issued December 17, 2013) based on Acella's manufacture, use, marketing, offering for sale, selling, and/or importing of its prescription-only nutritional supplement "Choice-OB + DHA," an alleged exact copy of Everett's "Select-OB® + DHA." View the complaint here.
Genetic Veterinary Sciences Inc. v. VetGen LLC
2:13-cv-00415; filed December 13, 2013 in the Eastern District of Washington
Declaratory judgment of U.S. Patent Nos. 6,040,143 ("DNA Encoding Von Willebrand Factor and Methods of Use," issued March 21, 2000), 6,074,832 ("DNA Encoding Canine Von Willebrand Factor and Methods of Use," issued June 13, 2000), 6,767,707 (same title, issued July 27, 2004), 6,780,583 (same title, issued August 24, 2004), and 6,410,237 ("DNA Encoding Von Willebrand Factor and Methods of Use," issued June 25, 2002) based on PPG's genetic screening service for canine von Willebrand's disease. 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.
© McDonnell Boehnen Hulbert & Berghoff LLP
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