Court Report - July 2014 #2

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

Eli Lilly and Company et al. v. Panacea Biotec, Ltd.
1:14-cv-01064; filed June 26, 2014 in the Southern District of Indiana

• Plaintiffs:  Eli Lilly and Company; Daiichi Sankyo Co., Ltd.; Daiichi Sankyo, Inc.; Ube Industries, Ltd.
• Defendant:  Panacea Biotec, Ltd.

Infringement of certain of U.S. Patent Nos. 8,404,703 ("Medicinal Compositions Containing Aspirin," issued March 26, 2013) and 8,569,325 ("Method of Treatment with Coadministration of Aspirin and Prasugrel," issued October 29, 2013) following a Paragraph IV certification as part of Panacea's filing of an ANDA to manufacture a generic version of Lilly's Effient® (prasugrel hydrochloride, to be used in combination with aspirin for the reduction of thrombotic cardiovascular events in certain patients with acute coronary syndrome (ACS) who are to be managed with percutaneous coronary intervention).  View the complaint here.

Novartis Pharmaceuticals Corp. et al. v. Mylan Inc. et al.
1:14-cv-00111; filed June 26, 2014 in the Northern District of West Virginia

• Plaintiffs:  Novartis Pharmaceuticals Corp.; Novartis Corp.; Novartis AG; Novartis Pharma AG
• Defendants:  Mylan Inc.; Mylan Pharmaceuticals, Inc.

Novartis Pharmaceuticals Corp. et al. v. Mylan Inc. et al.
1:14-cv-00820; filed June 25, 2014 in the District Court of Delaware

• Plaintiffs:  Novartis Pharmaceuticals Corp.; Novartis Corp.; Novartis AG; Novartis Pharma AG
• Defendants:  Mylan Inc.; Mylan Pharmaceuticals Inc.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 6,465,504 ("Substituted 3,5-Diphenyl-1,2,4-Triazoles and Their Use as Pharmaceutical Metal Chelators," issued October 15, 2002) and 6,596,750 (same title, issued July 22, 2003) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Novartis' Exjade® (deferasirox, used for the treatment of chronic iron overload due to blood transfusions).  View the Delaware complaint here.

Shire LLC et al. v. Ranbaxy Inc. et al.
1:14-cv-00827; filed June 25, 2014 in the District Court of Delaware

• Plaintiffs:  Shire LLC; Shire Development LLC; Supernus Pharmaceuticals Inc.
• Defendants:  Ranbaxy Inc.; Ohm Laboratories Inc.; Ranbaxy Laboratories Ltd.

Infringement of U.S. Patent Nos. 6,287,599 ("Sustained Release Pharmaceutical Dosage Forms with Minimized pH Dependent Dissolution Profiles," issued September 11, 2001) and 6,811,794 (same title, issued November 2, 2004) based on Ranbaxy's filing of an ANDA to manufacture a generic version of Shire's Intuniv® (guanfacine, used to treat attention-deficit hyperactivity disorder).  View the complaint here.

Pfizer Inc. et al. v. CFT Pharmaceuticals LLC
2:14-cv-00714; filed June 20, 2014 in the Eastern District of Wisconsin

• Plaintiffs:  Pfizer Inc.; Wyeth LLC; Pfizer Pharmaceuticals LLC; Pfizer Manufacturing Holdings LLC; PF Prism CV
• Defendant:  CFT Pharmaceuticals LLC

Infringement of U.S. Patent Nos. 7,879,828 ("Tigecycline Compositions and Methods of Preparation," issued February 1, 2011) and 8,372,995 ("Crystalline Solid Forms of Trigecycline and Methods of Preparing Same," issued February 12, 2013), licensed to Pfizer, following a Paragraph IV certification as part of CFT's filing of an ANDA to manufacture a generic version of Pfizer's Tygacil® (tigecycline injectible, used for the treatment of complicated skin and skin structure infections, complicated intra-abdominal infections, and community-acquired bacterial pneumonia).  View the complaint here.

Novartis Pharmaceuticals Corp. et al. v. Mylan Inc. et al.
1:14-cv-00106; filed June 20, 2014 in the Northern District of West Virginia

• Plaintiffs:  Novartis Pharmaceuticals Corp.; Novartis AG; Novartis Pharma AG; LTS Lohmann Therapie-Systeme AG
• Defendants:  Mylan Inc.; Mylan Pharmaceuticals Inc.

Infringement of U.S. Patent Nos. 6,316,023 ("TTS Containing an Antioxidant," issued November 13, 2001) and 6,335,031 (same title, issued January 1, 2002) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Novartis' Exelon® Patch (rivastigmine tartrate, used to treat mild to moderate dementia of the Alzheimer's type, and mild to moderate dementia associated with Parkinson's disease).  View the complaint here.

 

 

Topics:  Biotechnology, Eli Lilly, Novartis, Pfizer, Pharmaceutical, Pharmaceutical Patents

Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology Updates

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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