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About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Eisai R&D Management Co., Ltd. v. Rea
1:13-cv-00548; filed May 2, 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. 8,304,548 ("Method for Producing 1, 2-dihydropyridine-2-one Compound," issued November 6, 2012). View the complaint here.
The Medicines Company v. Apotex Inc. et al.
3:13-cv-02801; filed May 1, 2013 in the District of Court of New Jersey
• Plaintiff: The Medicines Company
• Defendants: Apotex Inc.; Apotex Corp.
Infringement of U.S. Patent Nos. 7,582,727 ("Pharmaceutical Formulations of Bivalirudin and Process of Making the Same," issued September 1, 2009) and 7,598,343 (same title, issued October 6, 2009) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of The Medicines Company's Angiomax® (bivalirudin, used as an anticoagulant in patients with unstable angina undergoing percutaneous translurninal coronary angioplasty). View the complaint here.
Acura Pharmaceuticals Inc. v. Ranbaxy Inc. et al.
1:13-cv-00750; filed April 29, 2013 in the District of Court of Delaware
• Plaintiff: Acura Pharmaceuticals Inc.
• Defendants: Ranbaxy Inc.; Ranbaxy Laboratories Ltd.
Infringement of U.S. Patent No. 7,510,726 ("Methods and Compositions for Deterring Abuse of Opioid Containing Dosage Forms," issued March 31, 2009) following a Paragraph IV certification as part of Ranbaxy's filing of an ANDA to manufacture a generic version of Oxecta® (oxycodone hydrochloride, used for the management of acute and chronic moderate to severe pain where the use of an opioid analgesic is appropriate, marketed by Pfizer). View the complaint here.
Par Pharmaceutical, Inc. et al. v. Takeda Pharmaceutical Co., Ltd. et al.
3:13-cv-01927; filed April 26, 2013 in the Northern District of California
• Plaintiffs: Par Pharmaceutical, Inc.; Handa Pharmaceuticals, LLC
• Defendants: Takeda Pharmaceutical Co., Ltd.; Takeda Pharmaceuticals North America, Inc.; Takeda Pharmaceuticals America, Inc; Takeda Pharmaceuticals U.S.A., Inc.
Declaratory judgment of non-infringement and invalidity of U.S. Patent Nos. 8,105,626 ("Granules Containing Acid-Unstable Chemicals in Large Amount," issued January 31, 2012) and 8,173,158 ("Methods of Treating Gastrointestinal Disorders Independent of the Intake of Food," issued May 8, 2012) in conjunction with Par and Handa's filing of an ANDA to manufacture a generic version of Takeda's Dexilant® (dexlansoprazole, used for the treatment of all grades of erosive esophagitis, maintaining healing of esophagitis, and treating heartburn associated with symptomatic non-erosive gastroesophageal reflux disease). 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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