Court Report -- February 16, 2013

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

Enzo Life Sciences Inc. v. Abbott Laboratories et al.
1:13-cv-00225; filed February 11, 2013 in the District Court of Delaware

• Plaintiff:  Enzo Life Sciences Inc.
• Defendants:  Abbott Laboratories; Abbott Molecular Inc.

Infringement of U.S. Patent No. 8,097,405 ("Nucleic Acid Sequencing Processes Using Non-Radioactive Detectable Modified or Labeled Nucleotide Analogs, and Other Processes for Nucleic Acid Detection and Chromosomal Characterization Using Such Non-Radioactive Detectable Modified or Labeled Nucelotides or Nucleotide Analogs," issued January 17, 2012) based on Abbott's manufacture and sale of certain DNA fluorescent in situ hybridization (FISH) probes.  View the complaint here.

Sucampo AG et al. v. Anchen Pharmaceuticals Inc. et al.
1:13-cv-00202; filed February 7, 2013 in the District Court of Delaware

• Plaintiffs:  Sucampo AG; Sucampo Pharmaceuticals Inc.; R-Tech Ueno Ltd.; Takeda Pharmaceutical Co. Ltd.; Takeda Pharmaceuticals USA Inc.; Takeda Pharmaceuticals America Inc.
• Defendants:  Anchen Pharmaceuticals Inc.; Par Pharmaceutical Inc.; Par Pharmaceutical Companies Inc.

Infringement of U.S. Patent Nos. 6,414,016 ("Anti-Constipation Composition," issued July 2, 2002), 7,795,312 ("Method for Treating Abdominal Discomfort," issued September 14, 2010), 8,071,613 ("Anti-Constipation Composition," issued December 6, 2011), 8,097,653 ("Dosage Unit Comprising a Prostaglandin Analog for Treating Constipation," issued January 17, 2012), 8,026,393 ("Soft-Gelatin Capsule Formulation," issued September 27, 2011), and 8,338,639 (same title, issued December 25, 2012) following a Paragraph IV certification as part of Anchen's filing of an ANDA to manufacture a generic version of Amitiza® (lubiprostone, used to treat Chronic Idiopathic Constipation in adults and  to treat Irritable Bowel Syndrome with Constipation in women 18 years of age and older).  View the complaint here.


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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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