Court Report - January 12, 2014

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

Alcon Research Ltd. v. Micro Labs Ltd. et al.
1:14-cv-00014; filed January 9, 2014 in the District Court of Delaware

• Plaintiff:  Alcon Research Ltd.
• Defendants:  Micro Labs Ltd.; Micro Labs USA Inc.

Infringement of U.S. Patent Nos. 8,268,299 ("Self Preserved Aqueous Pharmaceutical Compositions," issued September 18, 2012), 8,323,630 (same title, issued December 4, 2012), and 8,388,941 (same title, issued March 5, 2013) following a Paragraph IV certification as part of Micro Lab's filing of an ANDA to manufacture a generic version of Alcon's Travatan Z® (travoprost ophthalmic solution, used to reduce elevated intraocular pressure in patients with open-angle glaucoma or ocular hypertention).  View the complaint here.

Microbix Biosystems, Inc. v. Novartis Vaccines and Diagnostics, Inc.
6:14-cv-00003; filed January 6, 2014 in the Eastern District of Texas

Infringement of U.S. Patent No. 7,270,990 ("Virus Production," issued September 18, 2007) based on Novartis' manufacture overseas and importation into the U.S. of its Agriflu product.  View the complaint here.

Everett Laboratories, Inc. v. Acella Pharmaceuticals, LLC
1:14-cv-00011; filed January 2, 2014 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 8,617,617 ("Methods and Kits for Co-Administration of Nutritional Supplements," issued December 31, 2013) and 7,390,509 (same title, issued June 24, 2008) based on Acella's manufacture and sale of its PNV - OB with DHA product, an alleged copy of Everett's Vitafol®-OB+DHA (prescription prenatal nutritional supplement).  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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