Court Report - November 11, 2012

[author: Sherri Oslick]

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

Precision BioSciences, Inc. et al. v. Cellectis SA et al.
5:12-cv-00719; filed November 5, 2012 in the Eastern District of North Carolina

• Plaintiffs:  Precision BioSciences, Inc.; Duke University
• Defendants:  Cellectis SA; Cellectis bioresearch; Cellectis bioresearch Inc.

Infringement of U.S. Patent No. 8,304,222 ("Methods of Cleaving DNA with Rationally-Designed Meganucleases," issued November 6, 2012) based on Cellectis' manufacture, use, and sale of certain products, including the CLS4617 meganuclease targeting the human CCR5 gene and meganucleases targeting the human RAG1 gene.  View the complaint here.


Astrazeneca Pharmaceuticals LP et al. v. Lupin Ltd. et al.
3:12-cv-06888; filed November 5, 2012 in the District Court of New Jersey

• Plaintiffs:  Astrazeneca Pharmaceuticals LP; Astrazeneca UK Ltd.;
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals, Inc.

Infringement of U.S. Patent No. 5,948,437 ("Pharmaceutical Compositions Using Thiazepine," issued September 7, 1999) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of AstraZeneca's Seroquel® XR (quetiapine fumarate, used to treat schizophrenia and bipolar disorder).  View the complaint here.


Genetic Technologies Ltd. v. PreventionGenetics LLC
3:12-cv-00792; filed November 2, 2012 in the Western District of Wisconsin

Infringement of U.S. Patent No. 5,612,179 ("Intron Sequence Analysis Method for Detection of Adjacent Locus Alleles as Haplotypes," issued March 18, 1997) based on RGI's manufacture, use, sale, and offer for sale of clinical DNA testing services.  View the complaint here.


Acura Pharmaceuticals, Inc. v. Sandoz, Inc.
3:12-cv-06784; filed November 1, 2012 in the District Court of New Jersey

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 Sandoz'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.


Purdue Pharmaceutical Products L.P. et al. v. Par Pharmaceutical, Inc.
2:12-cv-06738; filed October 25, 2012 in the District Court of New Jersey

• Plaintiffs:  Purdue Pharmaceutical Products L.P.; Purdue Pharma L.P.; Transcept Pharmaceuticals, Inc.
• Defendant:  Par Pharmaceutical, Inc.

Purdue Pharmaceutical Products L.P. et al. v. Par Formulations Private Ltd.
2:12-cv-06741; filed October 25, 2012 in the District Court of New Jersey

• Plaintiffs:  Purdue Pharmaceutical Products L.P.; Purdue Pharma L.P.; Transcept Pharmaceuticals, Inc.
• Defendant:  Par Formulations Private Ltd.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 8,242,131 ("Methods of Treating Middle-of-the-Night Insomnia," issued August 14, 2012) and 8,252,809 ("Compositions for Treating Insomnia," issued August 28, 2012) following a Paragraph IV certification as part of Par's filing of an ANDA to manufacture a generic version of Purdue's Intermezzo® (sublingual zolpidem tartrate, used to treat insomnia when middle-of-the-night awakening is followed by difficulty returning to sleep).  View the Par Pharmaceutical complaint here.


Mallinckrodt Inc. et al. v. Watson Laboratories, Inc.-Florida. et al.
2:12-cv-06744; filed October 25, 2012 in the District Court of New Jersey

• Plaintiffs:  Mallinckrodt Inc.; Mallinckrodt LLC
• Defendants:  Watson Laboratories, Inc.-Florida; Watson Pharma, Inc.; Watson Pharmaceuticals, Inc.

Infringement of U.S. Patent No. 5,914,131 ("Hydromorphone Therapy," issued June 22, 1999) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Mallinckrodt's Exalgo® (hydromorphone hydrochloride, used for the management of moderate to severe pain in opioid tolerant patients requiring continuous, around-the-clock opioid analgesia for an extended period of time).  View the complaint here.


Gilead Sciences, Inc. v. Lupin Ltd.
1:12-cv-07910; filed October 24, 2012 in the Southern District of New York

Infringement of U.S. Patent Nos. 5,922,695 ("Antiviral Phosphonomethoxy Nucleotide Analogs Having Increased Oral Bioavailability, issued July 13, 1999), 5,935,946 ("Nucleotide Analog Composition and Synthesis Method," issued August 10, 1999), 5,977,089 ("Antiviral Phosphonomethoxy Nucleotide Analogs Having Increased Oral Bioavailability, issued November 2, 1999), and 6,043,230 (same title, issued March 28, 2000), following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture generic versions of Gilead's Viread® (tenofovir disoproxil fumarate, used for the treatment of HIV-1 infection).  View the complaint here.

 

Published In: Intellectual Property 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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