Court Report - October 13, 2013

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

Cubist Pharmaceuticals Inc. v. Strides Inc. et al.
1:13-cv-01679; filed October 9, 2013 in the District Court of Delaware

• Plaintiff:  Cubist Pharmaceuticals Inc.
• Defendants:  Strides Inc.; Agila Specialties Private Ltd.

Cubist Pharmaceuticals, Inc. v. Strides, Inc. et al.
1:13-cv-06016; filed October 9, 2013 in the District Court of New Jersey

• Plaintiff:  Cubist Pharmaceuticals, Inc.
• Defendants:  Strides, Inc.; Agila Specialities Private Ltd.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 6,468,967 ("Methods for Administration of Antibiotics," issued October 22, 2002), 6,852,689 (same title, issued February 8, 2005), 8,058,238 ("High Purity Lipopeptides," issued November 15, 2011), and 8,129,342 (same title, issued March 6, 2012) following a Paragraph IV certification as part of Strides' filing of an ANDA to manufacture a generic version of Cubist's Cubicin® (daptomycin for injection, used for the treatment of skin infections caused by certain Gram-positive microorganisms).  View the Delaware complaint here.

Reckitt Benckiser Pharmaceuticals Inc. et al. v. Watson Laboratories Inc. et al.
1:13-cv-01674; filed October 8, 2013 in the District Court of Delaware

• Plaintiffs:  Reckitt Benckiser Pharmaceuticals Inc.; RB Pharmaceuticals Ltd.; MonoSol Rx LLC
• Defendants:  Watson Laboratories Inc.; Actavis Inc.

Infringement of U.S. Patent Nos. 8,475,832 ("Sublingual and Buccal Film Compositions," issued July 2, 2013) and 8,017,150 ("Polyethylene Oxide-Based Films and Drug Delivery Systems Made Therefrom," issued on September 13, 2011) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Reckitt Benckiser's Suboxone® (buprenorphine hydrochloride and naloxone hydrochloride sublingual film, used for the maintenance treatment of opioid dependence).  View the complaint here.

Ferring B.V. v. Mylan, Inc. et al.
2:13-cv-05909; filed October 7, 2013 in the Eastern District of Pennsylvania

• Plaintiff:  Ferring B.V.
• Defendants:  Mylan, Inc.; Mylan Pharamaceuticals, Inc.; Mylan Institutional

Infringement of U.S. Patent Nos. 8,487,005 ("Tranexamic Acid Formulations," issued July 16, 2013), 7,947,739 (same title, issued May 24, 2011), 8,022,106 (same title, issued September 20, 2011), and 8,273,795 (same title, issued September 25, 2012) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Ferring's Lysteda® (tranexamic acid, used to treat heavy menstrual bleeding).  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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