Court Report - July 22, 2012

[author: Sherri Oslick]

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

Novartis Pharmaceuticals Corp. et al. v. Sun Pharmaceuticals Industries, Inc. et al.
2:12-cv-04393; filed July 14, 2012 in the District Court of New Jersey

• Plaintiffs:  Novartis Pharmaceuticals Corp.; Novartis Corp.; Novartis AG
• Defendants:  Sun Pharmaceuticals Industries, Inc.; Sun Pharma Global FZE; Caraco Pharmaceutical Laboratories, Ltd; Sun Pharmaceutical Industries Ltd.

Infringement of U.S. Patent No. 7,932,241 ("Pharmaceutical Products Comprising Bisphosphonates," issued April 26, 2011) following Paragraph IV certifications as part of Sun's filing of ANDAs to manufacture generic versions of Novartis' Reclast® (zoledronic acid injection, once-yearly treatment for postmenopausal osteoporosis) and Zometa® (zoledronic acid injection, used to treat patients with multiple myeloma and patients with documented bone metastases from solid tumors).  View the complaint here.

Shionogi Inc. et al. v. Nostrum Laboratories, Inc. et al.
1:12-cv-04402; filed July 13, 2012 in the District Court of New Jersey

• Plaintiffs:  Shionogi Inc.; Andrx Corp.; Andrx Pharmaceuticals, Inc. a/k/a Watson Laboratories, Inc.- Florida; Andrx Pharmaceuticals, L.L.C.; Andrx Laboratories (NJ), Inc.; Andrx EU Ltd.; Andrx Labs, L.L.C.
• Defendants:  Nostrum Laboratories, Inc.; Nostrum Pharmaceuticals LLC

Infringement of U.S. Patent Nos. 6,099,859 ("Controlled Release Oral Tablet Having a Unitary Core," issued August 8, 2000) and 6,866,866 ("Controlled Release Metformin Compositions," issued March 15, 2005), both licensed to Shionogi, following a Paragraph IV certification as part of Nostrum's filing of an ANDA to manufacture a generic version of Shionogi's Fortamet® (extended release metformin hydrochloride, used to treat Type 2 diabetes).  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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