Court Report - October 14, 2012


[author: Sherri Oslick]

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

Avanir Pharmaceuticals Inc. v. Impax Laboratories Inc.
1:12-cv-01298; filed October 8, 2012 in the District Court of Delaware

Infringement of U.S. Patent No. 8,227,484 ("Pharmaceutical Compositions Comprising Dextromethorphan and Quinidine for the Treatment of Neurological Disorder," issued July 24, 2012) following a Paragraph IV certification as part of Impax's filing of an ANDA to manufacture a generic version of Avanir's Nuedexta® (dextromethorphan hydrobromide/quinidine sulfate, used to treat pseudobulbar affect).  View the complaint here.

Pfizer, Inc. et al. v. Kappos
1:12-cv-01131; filed October 5, 2012 in the Eastern District of Virginia

• Plaintiffs:  Pfizer, Inc.; Wyeth Holdings Corp.
• Defendant:  David J. Kappos

Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 8,153,768 ("Calicheamicin Derivative-Carrier Conjugates," issued April 10, 2012).  View the complaint here.

Seattle Genetics, Inc. v. Arizona Technology Enterprises et al.
2:12-cv-01734; filed October 5, 2012 in the Western District of Washington

• Plaintiff:  Seattle Genetics Inc.
• Defendants:  Arizona Technology Enterprises; Arizona Board of Regents; Arizona State University

Declaratory judgment of non-infringement of U.S. Patent No. 5,635,483 ("Tumor Inhibiting Tetrapeptide Bearing Modified Phenethyl Amides," issued June 3, 1997) (as well as declaration of non-breach of license to the '483 patent) relating to Seattle Genetics' manufacture, use, and sale of its Adcetris® (brentuximab vedotin, used to treat relapsed Hodgkin lymphoma and anaplastic large cell lymphoma).  View the complaint here.

Glycobiosciences, Inc. et al. v. Fougera Pharmaceuticals Inc. et al.
1:12-cv-04987; filed September 28, 2012 in the Eastern District of New York

• Plaintiffs:  Glycobiosciences, Inc.; Estate of Alan Drizen
• Defendants:  Fougera Pharmaceuticals Inc.; Jagotec AG

Correction of inventorship of U.S. Patents Nos. 5,639,738 ("Treatment of Basal Cell Carcinoma and Actinic Keratosis Employing Hyaluronic Acid and NSAIDs," issued June 17, 1997), 5,792,753 ("Compositions Comprising Hyaluronic Acid and Prostaglandin-Synthesis-Inhibiting Drugs, issued August 11, 1998), 5,852,002 ("Treatment of Conditions and Disease," issued December 22, 1998), 5,914,322 (same title, issued June 22, 1999), 5,929,048 (same title, issued July 27, 1999), and 5,985,850 ("Compositions Comprising Hyaluronic Acid and Drugs" issued November 16, 1999) relating to Fougera's Solaraze® (diclofenac sodium, used to actinic keratosis), to add Dr. Alan Drizen as an inventor.  View the complaint here.


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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