Court Report -- November 25, 2012

[author: Sherri Oslick]

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

Apotex Inc. v. Daiichi Sankyo, Inc. et al.
1:12-cv-09295; filed November 20, 2012 in the Northern District of Illinois

• Plaintiff:  Apotex Inc.
• Defendants:  Daiichi Sankyo, Inc.; Daiichi Sankyo Co., Ltd.

Declaratory judgment of non-infringement of U.S. Patent No. 6,878,703 ("Pharmaceutical Composition," issued April 12, 2005) in conjunction with Aptoex's filing of an ANDA to manufacture a generic version of Daiichi's Benicar® (olmesartan medoxomil, used to treat hypertension).  View the complaint here.

Life Technologies Corp. et al. v. Promega Corp.
2:12-cv-09879; filed November 19, 2012 in the Central District of California

• Plaintiffs:  Life Technologies Corp.; California Institute of Technology
• Defendant:  Promega Corp.

Infringement of U.S. Patent No. RE43,096 ("Tagged Extendable Primers and Extension Products," issued January 10, 2012) based on Promega's manufacture, sale, and offer for sale of certain product lines utilizing fluorescent-tagged oligonucleotides in genetic assays, including its PowerPlex, StemElite, and CellID products.  View the complaint here.

Astellas US LLC et al. v. Akorn Inc.
1:12-cv-01489; filed November 19, 2012 in the District Court of Delaware

• Plaintiffs:  Astellas US LLC; Astellas Pharma US, Inc.; Item Development AB
• Defendant:  Akorn Inc.

Infringement of U.S. Patent No. 5,731,296 ("Selective Vasodilation by Continuous Adenosine Infusion," issued March 24, 1998), licensed to Astellas, following a Paragraph IV certification as part of Akorn's filing of an ANDA to manufacture a generic version of Astellas' Adenoscan® product (adenosine injection, used as a diagnostic for myocardial reperfusion injury).  View the complaint here.

Millennium Pharmaceuticals Inc. v. Accord Healthcare Inc. et al.
1:12-cv-01490; filed November 19, 2012 in the District Court of Delaware

• Plaintiff:  Millennium Pharmaceuticals Inc.
• Defendants:  Accord Healthcare Inc.; Intas Biopharmaceuticals Ltd.; Intas Pharmaceuticals Ltd.

Infringement of U.S. Patent Nos. 6,713,446 ("Formulation of Boronic Acid Compounds," issued March 30, 2004) and 6,958,319 (same title, issued October 25, 2005), licensed exclusively to Millennium, following a Paragraph IV certification as part of Accord's filing of an ANDA to manufacture a generic version of Millenium's Velcade® (bortezomib, used to treat multiple myeloma).  View the complaint here.


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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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