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About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
AstraZeneca AB et al. v. Watson Laboratories, Inc. - Florida et al.
3:13-cv-01669; filed March 19, 2013 in the District Court of New Jersey
• Plaintiffs: AstraZeneca AB; Aktiebolaget Hassle; AstraZeneca LP; KBI Inc.; KBI-E Inc.
• Defendants: Watson Laboratories, Inc. – Florida; Watson Pharma, Inc.; Actavis, Inc.
Infringement of U.S. Patent Nos. 5,714,504 ("Compositions," issued February 3, 1988), 5,877,192 ("Method for the Treatment of Gastric Acid-Related Diseases and Production of Medication Using (-)Enantiomer of Omeprazole," issued March 2, 1999), 6,369,085 ("Form of S-omeprazole," issued April 9, 2002), 6,875,872 ("Compounds," issued April 5, 2005), and 7,411,070 (same title, issued August 12, 2008) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of AstraZeneca's Nexium® (esomeprazole magnesium, used for the treatment of gastroesophageal reflux disease). View the complaint here.
Pharmacia & Upjohn Co. LLC et al. v. Apotex, Inc. et al.
1:13-cv-02034; filed March 15, 2013 in the Northern District of Illinois
• Plaintiffs: Pharmacia & Upjohn Co. LLC; Pfizer Asia-Pacific Pte. Ltd.
• Defendants: Apotex, Inc.; Apotex, Corp.
Infringement of U.S. Patent No. 5,688,792 ("Substituted Oxazine and Thiazine Oxazolidinone Antimicrobials," issued November 18, 1997) following a Paragraph IV certification as part of Aptoex's filing of an ANDA to manufacture a generic version of Pfizer's Zyvox® (linezolid, used to treat bacterial infections). View the complaint here.
Intendis GmbH et al. v. Glenmark Generics Ltd. et al.
1:13-cv-00421; filed March 14, 2013 in the District Court of Delaware
• Plaintiffs: Intendis GmbH; Intraserv GmbH & Co. KG; Bayer HealthCare Pharmaceuticals Inc.
• Defendants: Glenmark Generics Ltd.; Glenmark Generics Inc. USA
Infringement of U.S. Patent No. 6,534,070 ("Composition with Azelaic Acid," issued March 18, 2003) following a Paragraph IV certification as part of Glenmark's filing of an ANDA to manufacture a generic version of Bayer's Finacea® (azelaic acid gel, used for the topical treatment of inflammatory papules and pustules of mild to moderate rosacea). View the complaint here.
Boehringer Ingelheim Pharma GmbH & Co. KG et al. v. Kremers Urban Pharmaceuticals, Inc.
1:13-cv-01580; filed March 14, 2013 in the District Court of New Jersey
• Plaintiffs: Boehringer Ingelheim Pharma GmbH & Co. KG; Boehringer Ingelheim International GmbH; Boehringer Ingelheim Pharmaceuticals, Inc.
• Defendant: Kremers Urban Pharmaceuticals, Inc.
Infringement of U.S. Patent No. 6,015,577 ("Pharmaceutical Compositions Containing Dipyridamole or Mopidamol and Acetylsalicylic Acid or the Physiologically Acceptable Salts Thereof, Processes for Preparing Them and Their Use in Treating Clot Formation," issued January 18, 2000) following a Paragraph IV certification as part of Kremers' filing of an ANDA to manufacture a generic version of Boehringer's Aggrenox® (extended-release dipyridamole/acetylsalicylic acid, used to reduce the risk of stroke in patients who have had transient ischemia of the brain or completed ischemic stroke due to thrombosis). 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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