Court Report - December 23, 2012


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

Bayer Pharma AG et al. v. Watson Pharmaceuticals Inc. et al.
1:12-cv-01726; filed December 18, 2012 in the District Court of Delaware

• Plaintiffs:  Bayer Pharma AG; Bayer Intellectual Property GMBH; Bayer HealthCare Pharmaceuticals Inc.
• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc.

Infringement of U.S. Patent No. 8,071,577 ("Multi-phase Contraceptive Preparation Based On a Natural Estrogen," issued December 6, 2011) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Bayer's Natazia® (estradiol valerate and estradiol valerate/dienogest, used as oral contraception).  View the complaint here.

Life Technologies Corp. et al. v. Promega Corp.
3:12-cv-02992; filed December 17, 2012 in the Southern District of California

• Plaintiffs:  Life Technologies Corp.; Applied Biosystems, LLC
• Defendant:  Promega Corp.

Declaratory judgment of non-infringement of U.S. Patent Nos. 5,843,660 ("Multiplex Amplification of Short Tandem Repeat Loci, issued December 1, 1998), 6,221,598 (same title, issued April 24, 2001), 6,479,235 (same title, issued November 12, 2002), and 7,008,771 (same title, issued March 7, 2006) based on Plaintiff's anticipated launch of its Authentifiler PCR analysis products.  View the complaint here.

Merz Pharmaceuticals LLC v. Par Pharmaceutical Inc. et al.
1:12-cv-01723; filed December 17, 2012 in the District Court of Delaware

• Plaintiff:  Merz Pharmaceuticals LLC
• Defendants:  Par Pharmaceutical Inc.; Par Pharmaceutical Companies Inc.

Infringement of U.S. Patent Nos. 7,638,552 ("Method for Increasing the Bioavailability of Glycopyrrolate," issued December 19, 2009) and 7,816,396 (same title, issued October 19, 2010) following a Paragraph IV certification as part of Par's  filing of an ANDA to manufacture a generic version of Merz's Cubposa® (glycopyrrolate oral solution, used to reduce chronic severe drooling in patients aged 3 to 16 years with neurologic conditions associated with problem drooling (e.g. cerebral palsy)).  View the complaint here.

University of Iowa Research Foundation et al. v. Kappos et al.
1:12-cv-01444; filed December 14, 2012 in the Eastern District of Virginia

• Plaintiffs:  University of Iowa Research Foundation; Coley Pharmaceutical GmbH; Ottawa Hospital Research Institute; Pfizer Inc.
• Defendants:  David J. Kappos; Office of General Counsel

Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 8,202,688 ("Use of Nucleic Acids Containing Unmethylated CPG Dinucleotide as an Adjuvant," issued June 19, 2012).  View the complaint here.

Genetic Technologies Ltd. v. Genelex Corp.
2:12-cv-02190; filed December 14, 2012 in the Western District of Washington

Infringement of U.S. Patent No. 5,612,179 ("Intron Sequence Analysis Method for Detection of Adjacent Locus Alleles as Haplotypes," issued March 18, 1997) based on Genelex's manufacture, use, sale, and offer for sale of DNA testing services, including paternity, forensics, and phramacogenetic testing.  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 | Attorney Advertising

Written by:


McDonnell Boehnen Hulbert & Berghoff LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.