Court Report - March 4, 2012

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

Cephalon Inc. v. Mylan Pharmaceuticals Inc. et al.
1:12-cv-00247; filed February 29, 2012 in the District Court of Delaware

• Plaintiff:  Cephalon Inc.
• Defendants:  Mylan Pharmaceuticals Inc.; Mylan Inc.

Cephalon Inc. v. Sandoz Inc.
1:12-cv-00248; filed February 29, 2012 in the District Court of Delaware

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 8,119,158 ("Effervescent Oral Fentanyl Dosage Form and Methods of Administering Fentanyl," issued February 21, 2012) in conjunction with Mylan's prior filing of an ANDA to manufacture a generic version of Cephalon's Fentora® (fentanyl citrate buccal tablets, used to treat breakthrough pain in adult patients with cancer).  View the Mylan complaint here.

Precision BioSciences, Inc. v. Cellectis SA et al.
5:12-cv-00096; filed February 28, 2012 in the Eastern District Court of North Carolina

• Plaintiff:  Precision BioSciences, Inc.
• Defendants:  Cellectis SA; Cellectis Bioresearch; Cellectis Bioresearch Inc.

Infringement of U.S. Patent No. 8,124,369 ("Method of Cleaving DNA with Rationally Designed Meganucleases," issued February 28, 2012) based on Cellectis' manufacture, use, and sale of certain products, including meganucleases targeting the HPRT gene in Chinese Hamster Ovary cells, meganucleases targeting the GS gene in Chinese Hamster Ovary cells, and meganucleases targeting the HIV1 genome.  View the complaint here.

Please see full update for more information and cases.

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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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