Court Report - May 13, 2012

[author: Sherri Oslick]

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

Esoterix Genetic Laboratories, LLC v. Life Technologies Corp. et al.
1:12-cv-00411; filed April 26, 2012 in the Middle District of North Carolina

• Plaintiff:  Esoterix Genetic Laboratories, LLC
• Defendants:  Life Technologies Corp.; Applied Biosystems, LLC; Ion Torrent Systems, Inc.

Infringement of U.S. Patent Nos. 5,670,325 ("Method for the Detection of Clonal Populations of Transformed Cells in a Genomically Heterogeneous Cellular Sample," issued September 23, 1997), 5,882,856 ("Universal Primer Sequence for Multiplex DNA Amplification," issued on March 16, 1999), and 6,207,372 (same title, issued March 27, 2001) based on defendants' manufacture and sale of products, kits, and devices used in methods for detecting certain cells, cancer, lesions, or changes in a biological sample or tissue and in the detection and amplification of DNA sequences and related products.  View the complaint here.

Bayer Pharma AG et al. v. Bayer HealthCare Pharmaceuticals Inc. et al.
1:12-cv-00517; filed April 25, 2012 in the District Court of Delaware

• Plaintiffs:  Bayer Pharma AG; Bayer Intellectual Property GmbH; Bayer HealthCare Pharmaceuticals Inc.
• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc.; Watson Pharma Inc.

Infringement of U.S. Patent Nos. 6,362,178 ("2-phenyl Substituted Imidazotriazinones as Phosphodiesterase Inhibitors," issued March 26, 2002) and 7,696,206 (same title, issued April 13, 2010) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of plaintiffs' Staxyn® (vardenafil hydrochloride, used to treat erectile dysfunction).  View the complaint here.

Abbott Laboratories et al. v. Agila Specialties Private Ltd. et al.
1:12-cv-00520; filed April 25, 2012 in the District Court of Delaware

• Plaintiffs:  Abbott Laboratories; Wisconsin Alumni Research Foundation
• Defendants:  Agila Specialties Private Ltd.; Strides Arcolab Ltd.; Strides Inc.

Infringement of U.S. Patent Nos. 6,136,799 ("Cosolvent Formulations," issued October 24, 2000), 6,361,758 (same title, issued March 26, 2002), and 5,597,815 ("Prevention of Hyperphosphatemia in Kidney Disorder Patients," issued January 28, 1997) following a Paragraph IV certification as part of Agila'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.

Precision BioSciences, Inc. v. Cellectis SA et al.
5:12-cv-00219; filed April 24, 2012 in the Eastern District of North Carolina

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

Infringement of U.S. Patent No. 8,163,514 ("Methods of Cleaving DNA with Rationally-Designed Meganucleases," issued April 24, 2012) based on Cellectis' manufacture, use, and sale of meganucleases targeting the GS gene in Chinese Hamster Ovary cells, meganucleases targeting the HPRT gene in Chinese Hamster Ovary cells, and menganucleases targeting the HIV1 genome.  View the complaint here.

OSI Pharmaceuticals, LLC et al. v. Roxane Laboratories, Inc.
2:12-cv-02384; filed April 20, 2012 in the District Court of New Jersey

• Plaintiffs:  OSI Pharmaceuticals, LLC; Pfizer, Inc.; Genentech, Inc.
• Defendant:  Roxane Laboratories, Inc.

Infringement of U.S. Patent Nos. RE41,065 ("Alkynyl and Azido-Substituted 4-Anilinoquinazoline," issued May 5, 1998), 6,900,221 ("Stable Polymorph on N-(3-Ethynylpheny1)-6, 7-Bis(2MethoxyEthoxy)-4-Quinazolinamine Hydrochloride, Methods of Production, and Pharmaceutical Uses Thereof," issued May 31, 2005), and 7,087,613 ("Treating Abnormal Cell Growth With A Stable Polymorph on N-(3-Ethynylpheny1)-6,7-Bis(2MethoxyEthoxy)-4-Quinazolinamine Hydrochloride," issued August 8, 2006) following a Paragraph IV certification as part of Roxane's filing of an ANDA to manufacture a generic version of OSI's Tarceva® (erlotinib, used to treat non-small cell lung cancer and advanced pancreatic cancer).  View the complaint here.

 

Published In: 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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