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About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Novartis Pharmaceuticals Corp. v. Actavis LLC et al.
2:13-cv-01028; filed February 20, 2013 in the District Court of New Jersey
• Plaintiff: Novartis Pharmaceuticals Corp.
• Defendants: Actavis LLC; Apotex, Inc.; Apotex Corp.; Bedford Laboratories, Inc.; Dr. Reddy's Laboratories, Inc.; Dr. Reddy's Laboratories Ltd.; Emcure Pharmaceuticals USA, Inc.; Emcure Pharmaceuticals USA, Inc.; Hospira, Inc.; Pharmaceutics International Inc.; Pharmaforce, Inc.; Sagent Pharmaceuticals, Inc.; ACS DOBFAR Info S.A.; Strides, Inc.; Agila Specialities Private Ltd.; Sun Pharmaceuticals Industries, Inc.; Sun Pharma Global FZE; Caraco Pharmaceutical Laboratories, Ltd.; Sun Pharmaceutical Industries Ltd.; Teva Parenteral Medicines, Inc.; Wockhardt USA LLC; Wockhardt Ltd.
Infringement of U.S. Patent Nos. 8,324,189 ("Use of Zolendronate for the Manufacture of a Medicament for the Treatment of Bone Metabolism Diseases," issued December 4, 2012), 8,052,987 ("Method of Administering Bisphosphonates," issued November 8, 2011), and 7,932,241 ("Pharmaceutical Products Comprising Bisphosphonates," issued April 26, 2011) based on defendants' anticipated launch of a generic version of Novartis' Zometa® (zoledronic acid, used for the prevention of skeletal-related complications associated with cancer) and Reclast® (zoledronic acid, used to treat osteoporosis and Paget's disease). View the complaint here.
Precision Biosciences Inc. et al. v. Cellectis S.A. et al.
1:13-cv-00247; filed February 19, 2013 in the District Court of Delaware
• Plaintiffs: Precision Biosciences Inc.; Duke University
• Defendants: Cellectis S.A.; Cellectis Bioresearch; Cellectis Bioresearch Inc.
Infringement of U.S. Patent No. 8,377,674 ("Method for Producing Genetically-Modified Cells with Rationally-Designed Meganucleases with Altered Sequence Specificity," issued February 19, 2013) based on Cellectis' manufacture, use, and sale of certain products, including the cGPS® Custom HepG2 Full Kit DD and the CLS4617 meganuclease targeting the human CCR5 gene. View the complaint here.
Bayer Pharma AG v. Warner Chilcott Co., LLC et al.
2:13-cv-00265; filed February 19, 2013 in the District Court of Nevada
• Plaintiff: Bayer Pharma AG
• Defendants: Warner Chilcott Co., LLC; Warner Chilcott (US), LLC
Infringement of U.S. Patent No. RE43,916 ("Composition for Contraception," reissued January 8, 2013) based on Warner Chilcott's manufacture and sale of its Loestrin® 24 Fe (norethindrone acetate and ethinyl estradiol tablets, and ferrous fumarate tablets, used for oral contraception). View the complaint here.
Promega Corp. et al. v. Life Technologies Corp. et al.
3:13-cv-00119; filed February 19, 2013 in the Western District of Wisconsin
• Plainitffs: Promega Corp.; Max-Planck Gesellschaft Zur Forderung Der Wissenschaften E.V.
• Defendants: Life Technologies Corp.; Applied Biosystems, LLC
Infringement of U.S. Patent No. RE37,984 ("Process for Analyzing Length Polymorphism in DNA Regions," reissued February 11, 2003) based on defendants' use, manufacture, importation, sales and offers for sale of a line of small tandem repeat products called AuthentiFiler. View the complaint here.
Unimed Pharmaceuticals LLC et al. v. Perrigo Co. et al.
1:13-cv-00236; filed February 15, 2013 in the District Court of Delaware
• Plaintiffs: Unimed Pharmaceuticals LLC; Besins Healthcare Inc.
• Defendants: Perrigo Co.; Perrigo Israel Pharmaceuticals Ltd.
Infringement of U.S. Patent No. 6,503,894 ("Pharmaceutical Composition and Method for Treating Hypogonadism," issued January 7, 2003) following a Paragraph IV certification as part of Perrigo's filing of an ANDA to manufacture a generic version of AbbVie's AndroGel® (testosterone gel, used to treat conditions associated with a deficiency or absence of endogenous testosterone). View the complaint here.
Cellerant Therapeutics, Inc. v. Rea
1:13-cv-00201; filed February 12, 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. 8,252,587 ("Methods of Expanding Myeloid Cell Populations and Uses Thereof," issued August 28, 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.
© McDonnell Boehnen Hulbert & Berghoff LLP
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