Court Report - February 19, 2012

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

Merck & Cie et al. v. Watson Pharmaceuticals, Inc. et al.
2:12-cv-00223; filed February 13, 2012 in the District Court of Nevada

• Plaintiffs:  Merck & Cie; Bayer Pharma AG; Bayer Healthcare Pharmaceuticals Inc.
• Defendants:  Watson Pharmaceuticals, Inc.; Watson Laboratories Inc.

Merck & Cie et al. v. Watson Pharmaceuticals Inc. et al.
1:12-cv-00161; filed February 10, 2012 in the District Court of Delaware

• Plaintiffs:  Merck & Cie; Bayer Pharma AG; Bayer HealthCare Pharmaceuticals Inc.
• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 6,441,168 ("Stable Crystalline Salts of 5-methyltetrahydrofolic Acid," issued August 27, 2002) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Merck's Beyaz® (drospirenone, 17α-ethinyl estradiol, and levomefolate calcium, used for oral contraception).  View the Delaware complaint here.

Please see full update below for more information.

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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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