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About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Eli Lilly and Company et al. v. Genentech, Inc. et al.
4:13-cv-00919; filed February 28, 2013 in the Northern District of California
• Plaintiffs: Eli Lilly and Company; Imclone Systems LLC
• Defendants: Genentech, Inc.; City of Hope
Declaratory judgment of invalidity, unenforceability, and noninfringement of of U.S. Patent No. 6,331,415 ("Methods of Immunoglobulins, Vectors, and Transformed Host Cells for Use Therein," issued December 18, 2001) based on Lilly's manufacture and sale of its Erbitux® product (cetuximab, used for the treatment of head and neck cancer and colorectral cancer). View the complaint here.
Depomed Inc. v. Watson Laboratories Inc. - Florida et al.
1:13-cv-00342; filed February 28, 2013 in the District Court of Delaware
• Plaintiff: Depomed Inc.
• Defendants: Watson Laboratories Inc. – Florida; Actavis Inc.; Watson Pharma Inc.
Infringement of U.S. Patent Nos. 6,488,962 ("Tablet Shapes To Enhance Gastric Retention of Swellable Controlled-Release Oral Dosage Forms," issued December 3, 2002), 6,723,340 ("Optimal Polymer Mixtures for Gastric Retentive Tablets," issued April 20, 2004), 6,635,280 ("Extending the Duration of Drug Release Within the Stomach During the Fed Mode," issued October 21, 2003), and 6,340,475 ("Extending the Duration of Drug Release Within the Stomach During the Fed Mode," issued January 22, 2002), following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Depomed's Glumetza® (metformin hydrochloride extended release tablets, used to improve glycemic control in adults with type 2 diabetes mellitus). View the complaint here.
Eli Lilly and Company v. Accord Healthcare Inc., USA
1:13-cv-00335; filed February 28, 2013 in the Southern District of Indiana
Infringement of U.S. Patent No. 7,772,209 ("Novel Antifolate Combination Therapies," issued August 10, 2010) following a Paragraph IV certification as part of Accord's filing of an ANDA to manufacture a generic version of Lilly's Alimta® (pemetrexed for injection, used to treat malignant pleural mesothelioma and locally advanced or metastatic non-small cell lung cancer). View the complaint here.
Endo Pharmaceuticals Inc. et al. v. Watson Pharmaceuticals, Inc. et al.
2:13-cv-00192; filed February 28, 2013 in the Eastern District of Texas
• Plaintiffs: Endo Pharmaceuticals Inc.; Strakan International S.a r.l.
• Defendants: Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.; Watson Pharma, Inc.; Actavis, Inc.
Infringement of U.S. Patent Nos. 6,319,913 ("Penetration Enhancing and Irritation Reducing Systems," issued November 20, 2001) and 6,579,865 (same title, issued June 17, 2003) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Endo's Fortesta® (used for testosterone replacement therapy in males for conditions associated with a deficiency or absence of endogenous testosterone). View the complaint here.
Nektar Therapeutics v. Rae
1:13-cv-00246; filed February 22, 2013 in the Eastern District of Virginia
Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 8,252,275 ("Conjugates Having a Degradable Linkage and Polymeric Reagents Useful in Preparing Such Conjugates," issued August 28, 2012). View the complaint here.
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.
© McDonnell Boehnen Hulbert & Berghoff LLP
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