Court Report - July 8, 2012

[author: Sherri Oslick]

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

Pfizer Inc. et al. v. Roxane Laboratories, Inc. et al.
2:12-cv-00593; filed July 3, 2012 in the Southern District of Ohio

• Plaintiffs:  Pfizer Inc.; Wyeth LLC; Wyeth Pharmaceuticals Inc.; P.F. Prism C.V.
• Defendants:  Roxane Laboratories, Inc.; Boehringer Ingelheim Roxane, Inc.

Infringement of U.S. Patent No. 6,673,838 ("Succinate Salt of O-Desmethyl-Venlafaxine," issued January 6, 2004) following a Paragraph IV certification as part of Roxane's filing of an ANDA to manufacture a generic version of Pfizer's Pristiq® (desvenlafaxine, used to treat depression).  View the complaint here.

Endo Pharmaceuticals Inc. et al. v. Noven Pharmaceuticals Inc. et al.
1:12-cv-00831; filed June 29, 2012 in the District Court of Delaware

• Plaintiffs:  Endo Pharmaceuticals Inc.; Teikoku Pharma USA Inc.; Teikoku Seiyaku Co Ltd.
• Defendants:  Noven Pharmaceuticals Inc.; Noven Therapeutics LLC

Infringement of U.S. Patent No. 5,827,529 ("External Preparation for Application to the Skin Containing Lidocaine," issued October 27, 1998), licensed to Endo, following a Paragraph IV certification as part of Noven's  filing of an ANDA to manufacture a generic version of Endo's Lidoderm® (lidocaine patch, used to treat after-shingles pain).  View the complaint here.

Abbott Laboratories et al. v. Sandoz Inc.
1:12-cv-00836; filed June 29, 2012 in the District Court of Delaware

• Plaintiffs:  Abbott Laboratories; Wisconsin Alumni Research Foundation
• Defendant:  Sandoz Inc.

Infringement of U.S. Patent Nos. 5,587,497 ("19-nor-Vitamin D Compounds," issued December 24, 1996) and 5,597,815 ("Prevention of Hyperphosphatemia in Kidney Disorder Patients," issued January 28, 1997) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Abbott's Zemplar® (paricalcitol, used to treat secondary hyperparathyroidism in patients with kidney failure).  View the complaint here.

Alkermes Pharma Ireland Ltd. v. Intellipharmaceutics Corp. et al.
1:12-cv-00834; filed June 29, 2012 in the District Court of Delaware

• Plaintiff:  Alkermes Pharma Ireland Ltd.
• Defendants:  Intellipharmaceutics Corporation; Intellipharmaceutics Ltd.

Infringement of U.S. Patent Nos. 6,228,398 ("Multiparticulate Modified Release Composition," issued May 8, 2001) and 6,730,325 (same title, issued May 4, 2004), licensed to Novartis, following a Paragraph IV certification as part of Intellipharmaceutics'  filing of an ANDA to manufacture a generic version of Novartis' Focalin® XR (extended release dexmethylphenidate hydrochloride, used to treat attention deficit hyperactivity disorder).  View the complaint here.

Celgene Corp. et al. v. Intellipharmaceutics Corp.
2:12-cv-04039; filed June 29, 2012 in the District Court of New Jersey

• Plaintiffs:  Celgene Corp.; Novartis Pharmaceuticals Corp.; Novartis Pharma AG
• Defendant:  Intellipharmaceutics Corp.

Infringement of U.S. Patent Nos. 5,908,850 ("Method of Treating Attention Deficit Disorders with d-Threo Methylphenidate," issued June 1, 1999), 6,355,656 ("Phenidate Drug Formulations Having Diminished Abuse Potential," issued March 12, 2002, with a reexamination certificate issued March 27, 2007), 6,528,530 ("Phenidate Drug Formulations Having Diminished Abuse Potential," issued March 4, 2003), 5,837,284 ("Delivery of Multiple Doses of Medications," issued November 17, 1998), 6,635,284 (same title, issued October 21, 2003), and 7,431,944 ("Delivery of Multiple Doses of Medications," issued October 7, 2008) all licensed exclusively to Novartis in certain fields of use, following a Paragraph IV certification as part of Intellipharmaceutics' filing of an ANDA to manufacture a generic version of Novartis' Focalin XR® (extended release dexmethylphenidate hydrochloride, used to treat attention deficit hyperactivity disorder).  View the complaint here.

Purdue Pharma L.P. et al. v. Sandoz Inc.
1:12-cv-05082; filed June 28, 2012 in the Southern District of New York

• Plaintiffs:  Purdue Pharma L.P.; Grunenthanl GmbH
• Defendant:  Sandoz Inc.

Purdue Pharma L.P. et al. v. Teva Pharmaceuticals USA , Inc.
1:12-cv-05082; filed June 28, 2012 in the Southern District of New York

• Plaintiffs:  Purdue Pharma L.P.; Grunenthanl GmbH
• Defendant:  Teva Pharmaceuticals USA , Inc.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 8,114,383 ("Abuse-Proofed Dosage Form," issued February 14, 2012 following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone hydrochloride, used to treat pain).  View the Sandoz complaint here.

Novartis Pharmaceuticals Corp. et al. v. Wockhardt USA LLC et al.
2:12-cv-03967; filed June 27, 2012 in the District Court of New Jersey

• Plaintiffs:  Novartis Pharmaceuticals Corp.; Novartis Corp.; Novartis AG
• Defendants:  Wockhardt USA LLC; Wockhardt Ltd.

Infringement of U.S. Patent Nos. 7,932,241 ("Pharmaceutical Products Comprising Bisphosphonates," issued April 26, 2011) and 8,052,987 ("Method of Administering Bisphosphonates," issued November 8, 2011) following Paragraph IV certifications as part of Wockhardt'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.

 

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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