Court Report - February 5, 2012

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

Abbott Laboratories et al. v. Sandoz Inc.
1:12-cv-00103; filed January 30, 2012 in the District Court of Delaware

• Plaintiffs:  Abbott Laboratories; Abbott Respiratory LLC
• Defendant:  Sandoz Inc.

Infringement of U.S. Patent Nos. 6,080,428 ("Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued June 27, 2000) and 6,469,035 ("Methods of Pretreating Hyperlipidemic Individuals with a Flush Inhibiting Agent Prior to the Start of Single Daily Dose Nicotinic Acid Therapy to Reduce Flushing Provoked by Nicotinic Acid," issued October 22, 2002) following a Paragraph IV certification as part of Sandoz's filing of an amended ANDA to manufacture a generic version of Abbott's Simcor® (niacin extended release / simvastatin tablets, used to treat hypercholesterolemia).  View the complaint here.

Enzo Life Sciences Inc. v. Gen-Probe Inc.
1:12-cv-00104; filed January 30, 2012 in the District Court of Delaware

Enzo Life Sciences Inc. v. Life Technologies Corp.
1:12-cv-00105; filed January 30, 2012 in the District Court of Delaware

Enzo Life Sciences Inc. v. Roche Molecular Systems Inc. et al.
1:12-cv-00106; filed January 30, 2012 in the District Court of Delaware

• Plaintiff:  Enzo Life Sciences Inc.
• Defendants:  Roche Molecular Systems Inc.; Roche Diagnostics Corp.; Roche Diagnostics Operations Inc.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 6,922,180 ("Oligo- Or Polynucleotides Comprising Phosphate-Moiety Labeled Nucleotides," issued January 31, 2006) based on defendants' manufacture and sale of certain nucleic acid probe products.  View the Gen-Probe complaint here.

Please see full report 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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