Court Report - December 30, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP
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Gavel About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases.

Eli Lilly and Company v. Kappos et al.
1:12-cv-01491; filed December 26, 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. 7,498,414 ("Human Antibodies Specific to KDR and Uses Thereof," issued March 3, 2009).  View the complaint here.

Millennium Pharmaceuticals Inc. v. Actavis Inc.
1:12-cv-01750; filed December 21, 2012 in the District Court of Delaware

Infringement of U.S. Patent Nos. 6,713,446 ("Formulation of Boronic Acid Compounds," issued March 30, 2004) and 6,958,319 (same title, issued October 25, 2005), licensed exclusively to Millennium, following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Millenium's Velcade® (bortezomib, used to treat multiple myeloma).  View the complaint here.

UCB, Inc. et al. v. Teva Pharmaceuticals USA, Inc. et al.
1:12-cv-04420; filed December 21, 2012 in the Northern District of Georgia

• Plaintiffs:  UCB, Inc.; UCB Manufacturing, Inc.
• Defendants:  Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries, Ltd.

Infringement of U.S. Patent No. 6,344,215 ("Methylphenidate Modified Release Formulations," issued February 5, 2005) based on Teva's manufacture and sale of a generic version of UCB's Metadate CD® (methylphenidate hydrochloride, used to treat attention deficit hyperactivity disorder).  View the complaint here.

Bristol-Myers Squibb Co. v. Dr. Reddy's Laboratories, Ltd. et al.
3:12-cv-07800; filed December 21, 2012 in the District Court of New Jersey

• Plaintiff:  Bristol-Myers Squibb Co.
• Defendants:  Dr. Reddy's Laboratories, Ltd.; Dr. Reddy's Laboratories, Inc.

Infringement of U.S. Patent Nos. 6,670,384 ("Methods of Administering Epothilone Analogs for the Treatment of Cancer," issued December 30, 2003), 7,022,330 ("Parenteral Formulation for Epothilone Analogs," issued April 4, 2006), and RE41,393 ("Treatment of Refractory Tumors Using Epothilone Derivatives," reissued June 22, 2010) following a Paragraph IV certification as part of Dr. Reddy's filing of an ANDA to manufacture a generic version of BMS's Ixempra® kit product (ixabepilone), used to treat breast cancer).  View the complaint here.

BioGeneriX GmbH v. Kappos
1:12-cv-01484; filed December 21, 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. 8,207,112 ("Liquid Formulation of G-CSF Conjugate," issued June 26, 2012).  View the complaint here.

Cerenis Therapeutics Holding SA v. Kappos
1:12-cv-01488; filed December 21, 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. 8,206,750 ("Charged Lipoprotein Complexes and Their Uses," issued June 26, 2012).  View the complaint here.

Glaxo Group Ltd. et al. v. Kappos
1:12-cv-01481; filed December 21, 2012 in the Eastern District of Virginia

• Plaintiffs:  Glaxo Group Ltd.; SmithKline Beecham Ltd.; Glaxosmithkline Consumer Healthcare GmbH & Co. KG
• Defendant:  David J. Kappos

Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent Nos. 8,207,176 ("Compounds," issued June 16, 2012), 8,216,576 ("Method for Inhibiting Binding to B-cell Receptor," issued July 10, 2012), 8,236,345 ("Composition and Use," issued August 7, 2012), and 8,220,102 ("Toothbrush" issued July 17, 2012).  View the complaint here.

Millennium Pharmaceuticals, Inc. v. Kappos
1:12-cv-01479; filed December 21, 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. 8,207,177 ("Inhibitors of E1 Activating Enzymes," issued June 26, 2012).  View the complaint here.

Conaris Research Institute AG v. Kappos
1:12-cv-01482; filed December 21, 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. 8,206,948 ("Optimized Nucleotide Sequences Encoding SGP130," issued June 26, 2012).  View the complaint here.

Supernus Pharmaceuticals, Inc. v. Kappos
1:12-cv-01485; filed December 21, 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. 8,206,740 ("Once Daily Formulations of Tetracyclines," issued June 26, 2012).  View the complaint here.

DSM I.P. Assets B.V. v. Kappos
1:12-cv-01490; filed December 21, 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. 8,206,981 ("Process for Cell Culturing by Continuous Perfusion and Alternating Tangential Flow," issued June 26, 2012).  View the complaint here.

Genetic Technologies Ltd. v. Laboratory Corp. of America Holdings et al.
1:12-cv-01736; filed December 20, 2012 in the District Court of Delaware

• Plaintiff:  Genetic Technologies Ltd.
• Defendants:  Laboratory Corp. of America Holdings; Laboratory Corp. of America; 23andMe Inc.

Infringement of U.S. Patent No. 7,615,342 ("ACTN3 Genotype Screen for Athletic Performance," issued November 10, 2009) based on Laboratory Corporation's genomic testing and analysis services, including ACTN3 gene testing and analysis.  View the complaint here.

Genetic Technologies Ltd. v. Natera Inc.
1:12-cv-01737; filed December 20, 2012 in the District Court of Delaware

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 Natera's manufacture, use, sale, and offer for sale of DNA testing services, including preimplantation genetic diagnosis for in vitro fertilization.  View the complaint here.

Genetic Technologies Ltd. v. HistoGenetics LLC
1:12-cv-01738; filed December 20, 2012 in the District Court of Delaware

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 HistoGenetic's provision of tissue-typing services, including human leukocyte antigen typing services by sequenced-based typing for blood stem cell transplants.  View the complaint here.

Endo Pharmaceuticals Inc. et al. v. Par Pharmaceutical Companies, Inc. et al.
1:12-cv-09261; filed December 19, 2012 in the Southern District of New York

• Plaintiffs:  Endo Pharmaceuticals Inc.; Grunenthal GmbH
• Defendants:  Par Pharmaceutical Companies, Inc.; Par Pharmaceutical, Inc.

Infringement of U.S. Patent Nos. 8,114,383 ("Abuse-Proofed Dosage Form," issued February 14, 2012), 8,192,722 (same title, issued June 5, 2012), 8,309,060 (same title, issued November 13, 2012), 7,851,482 ("Method for Making Analgesics," issued December 14, 2010), 8,309,122 ("Oxymorphone Controlled Release Formulations," issued November 13, 2012), and 8,329,216 (same title, issued December 11, 2012) following a Paragraph IV certification as part of Par's filing of an ANDA to manufacture a generic version of Endo's Opana® ER (oxymorphone hydrochloride, used to treat moderate to severe pain in patients requiring continuous, around-the-clock opioid treatment for an extended period of time).  View the complaint here.

Intrexon Corp. v. Kappos
1:12-cv-01451; filed December 17, 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. 8,236,556 ("Method of Modulating Gene Expression Using and Ecdysone Receptor-Based Inducible Gene Expression System," issued August 7, 2012).  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.

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