About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Purdue Pharma L.P. et al. v. Epic Pharma, LLC
1:13-cv-00683; filed January 30, 2013 in the Southern District of New York
• Plaintiffs: Purdue Pharma L.P.; The P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Rhodes Technologies
• Defendant: Epic Pharma, LLC
Purdue Pharma L.P. et al. v. Impax Laboratories, Inc.
1:13-cv-00684; filed January 30, 2013 in the Southern District of New York
• Plaintiffs: Purdue Pharma L.P.; The P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Rhodes Technologies
• Defendant: Impax Laboratories, Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 7,674,799 ("Oxycodone Hydrochloride Having Less Than 25 PPM 14-Hydroxycodeinone," issued March 9, 2010), 7,674,800 (same title, issued March 9, 2010), and 7,683,072 (same title, issued March 23, 2010) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone hydrochloride, used to treat pain). View the Epic complaint here.
Santarus, Inc. et al. v. Mylan Pharmaceuticals Inc. et al.
1:13-cv-00017; filed January 30, 2013 in the Northern District of West Virginia
• Plaintiffs: Santarus, Inc.; Veloxis Pharmaceuticals A/S
• Defendants: Mylan Pharmaceuticals Inc.; Mylan Inc.
Santarus Inc. et al. v. Mylan Inc. et al.
1:13-cv-00145; filed January 28, 2013 in the District Court of Delaware
• Plaintiffs: Santarus Inc.; Veloxis Pharmaceuticals A/S
• Defendants: Mylan Inc.; Mylan Pharmaceuticals Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 7,658,944 ("Solid Dosage Form Comprising a Fibrate," issued February 9, 2010) and 8,124,125 (same title, issued February 28, 2012) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Santarus' Fenoglide® (fenofibrate, used to treat hyperlipidemia, mixed dyslipidemia, or hypertriglyceridemia). View the Delaware complaint here.
Depomed, Inc. v. Purdue Pharma L.P. et al.
3:13-cv-00571; filed January 29, 2013 in the District Court of New Jersey
• Plaintiff: Depomed, Inc.
• Defendants: Purdue Pharma L.P.; P.F. Laboratories, Inc.; Purdue Pharmaceuticals, L.P.; Rhodes Technologies
Infringement of U.S. Patent Nos. 6,340,475 ("Extending the Duration of Drug Release Within the Stomach During the Fed Mode," issued January 22, 2002), 6,635,280 ("Extending the Duration of Drug Release Within the Stomach During the Fed Mode," issued October 21, 2003), and 6,723,340 ("Optimal Polymer Mixtures for Gastric Retentive Tablets," issued April 20, 2004) based on Purdue's commercial manufacture, use, offer to sell, and/or sale of OxyContin® within the United States, or importation of OxyContin® into the United States. View the complaint here.
Auxilium Pharmaceuticals Inc. et al. v. Upsher-Smith Laboratories Inc.
1:13-cv-00148; filed January 28, 2013 in the District Court of Delaware
• Plaintiffs: Auxilium Pharmaceuticals Inc.; FCB I LLC
• Defendant: Upsher-Smith Laboratories Inc.
Infringement of U.S. Patent Nos. 7,320,968 ("Pharmaceutical Composition," issued January 22, 2008), 7,608,605 (same title, issued October 27, 2009), 7,608,606 (same title, issued October 27, 2009), 7,608,607 (same title, issued October 27, 2009), 7,608,608 (same title, issued October 27, 2009), 7,608,609 (same title, issued October 27, 2009), 7,608,610 (same title, issued October 27, 2009), 7,935,690 (same title, issued May 3, 2011), 8,063,029 (same title, issued November 22, 2011), and 8,178,518 (same title, issued May 15, 2012) following a Paragraph IV certification as part of Upsher-Smith's filing of an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic version of Auxilium's Testim® (transdermal testosterone gel, used to treat hypogonadism in men). View the complaint here.
UCB Pharma, S.A. v. Kappos
1:13-cv-00117; filed January 28, 2013 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. 8,231,875 ("Neutralising Antibody Molecules Having Specificity for Human IL-17," issued July 31, 2012). View the complaint here.
Pfizer Inc. et al. v. Wockhardt Ltd. et al.
1:13-cv-00143; filed January 25, 2013 in the District Court of Delaware
• Plaintiffs: Pfizer Inc.; Warner-Lambert Co. LLC; PF Prism CV; Northwestern University
• Defendants: Wockhardt Ltd.; Wockhardt USA LLC
Infringement of U.S. Patent No. 6,197,819 ("Gamma Amino Butyric Acid Analogs and Optical Isomers," issued March 6, 2001) following a Paragraph IV certification as part of Wockhardt's filing of an ANDA to manufacture a generic version of Pfizer's Lyrica® (pregabalin, used to treat fibromyalgia). View the complaint here.
Glenmark Generics Ltd. et al. v. GlaxoSmithKline PLC et al.
1:13-cv-00135; filed January 24, 2013 in the District Court of Delaware
• Plaintiffs: Glenmark Generics Ltd.; Glenmark Generics Inc. USA
• Defendants: GlaxoSmithKline PLC; GlaxoSmithKline LLC; Stiefel Laboratories Inc.
Declaratory judgment of non-infringement and invalidity of U.S. Patent Nos. 6,025,389 ("Pharmaceutical and Veterinary Compositions of Mupirocin and Methods for Their Preparation," issued February 15, 2000) and 5,569,672 ("Compounds," issued October 29, 1996) in conjunction with Glenmark's filing of an ANDA to manufacture a generic version of GSK's Bactroban® Cream (mupirocin calcium, used to treat secondarily infected traumatic skin lesions due to susceptible strains of S. aureus and S. pyogenes). View the complaint here.
AbbVie Inc. et al. v. Sun Pharmaceutical Industries Ltd. et al.
1:13-cv-00138; filed January 24, 2013 in the District Court of Delaware
• Plaintiffs: AbbVie Inc.; Wisconsin Alumni Research Foundation
• Defendants: Sun Pharmaceutical Industries Ltd.; Sun Pharma Global FZE; Sun Pharmaceutical Industries Inc.
Infringement of U.S. Patent No. 5,597,815 ("Prevention of Hyperphosphatemia in Kidney Disorder Patients," issued January 28, 1997) based on Sun's filing of an ANDA to manufacture a generic version of Abbott's Zemplar® (paricalcitol, used to treat secondary hyperparathyroidism in patients with kidney failure). View the complaint here.
