Court Report -- May 27, 2013

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

Fresenius Kabi USA LLC v. Dr. Reddy's Laboratories Ltd. et al.
1:13-cv-00925; filed May 23, 2013 in the District Court of Delaware

• Plaintiff:  Fresenius Kabi USA LLC
• Defendants:  Dr. Reddy's Laboratories Ltd.; Dr. Reddy's Laboratories Inc.

Infringement of U.S. Patent Nos. 5,714,520 ("Propofol Compostion [sic] Containing Edetate," issued February 3, 1998), 5,731,355 ("Pharmaceutical Compositions of Propofol and Edetate," issued March 24, 1998), 5,731,356 ("Pharmaceutical Compositions of Propofol and Edetate," issued March 24, 1998) and 5,908,869 ("Propofol Composition Containing Edetate," issued June 1, 1999) following a Paragraph IV certification as part of Dr. Reddy's filing of an ANDA to manufacture a generic version of Fresenius' Diprivan® (propofol injectable emulsion, used for the induction and maintenance of general anesthesia and sedation in certain patient populations).  View the complaint here.

Purdue Pharma L.P. et al. v. PAR Pharmaceutical, Inc.
1:13-cv-03374; filed May 17, 2013 in the Southern District of New York

• Plaintiffs:  Purdue Pharma L.P.; P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Grunenthal GmbH
• Defendant:  PAR Pharmaceutical, Inc.

Infringement of U.S. Patent Nos. 8,337,888 ("Pharmaceutical Formulation Containing Gelling Agent," issued December 25, 2012) and 8,309,060 ("Abuse-Proofed Dosage Form," issued November 13, 2012) following a Paragraph IV certification as part of Par's filing of an ANDA to manufacture a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone hydrochloride, used to treat pain).  View the complaint here.

Purdue Pharma L.P. et al. v. Amneal Pharmaceuticals, LLC
1:13-cv-03372; filed May 17, 2013 in the Southern District of New York

• Plaintiffs:  Purdue Pharma L.P.; P.F. Laboratories, Inc.; Purdue Pharmaceuticals LLC
• Defendant:  Amneal Pharmaceuticals, LLC

Infringement of U.S. Patent No. 8,337,888 ("Pharmaceutical Formulation Containing Gelling Agent," issued December 25, 2012) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone hydrochloride, used to treat pain).  View the complaint here.

 

Topics:  ANDA, Generic Drugs, Patents, Pharmaceutical, Prescription Drugs

Published In: Civil Procedure Updates, 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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