Court Report - October 2014 #5

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

Amgen Inc. v. Sanofi et al.
1:14-cv-01349; filed October 28, 2014 in the District Court of Delaware

• Plaintiff:  Amgen Inc.
• Defendants:  Sanofi; Aventisub LLC; Regeneron Pharmaceuticals Inc.

Infringement of U.S. Patent Nos. 8,871,913 ("Antigen Binding Proteins to Proprotein Convertase Subtilisin Kexin Type 9 (PCSK9)," issued October 28, 2014) and 8,871,914 (same title, issued October 28, 2014) based on defendants' current and/or imminent manufacture, use, sale, offer to sell, and/or importation into the U.S. of alirocumab, an anti-PCSK9 antibody (used to treat dyslipidemia and other cholesterol disorders).  View the complaint here.

Otsuka Pharmaceutical Co., Ltd. v. Apotex Corp. et al.
3:14-cv-06707; filed October 27, 2014 in the District Court of New Jersey

• Plaintiff:  Otsuka Pharmaceutical Co., Ltd.
• Defendants:  Apotex Corp.; Apotex Inc.

Infringement of U.S. Patent Nos. 7,053,092 ("5-HT1A Receptor Subtype Agonist," issued May 30, 2006), 8,642,600 ("Method of Treating Autism," issued February 4, 2014), and 8,759,350 ("Carbostyril Derivatives and Serotonin Reuptake Inhibitors for Treatment of Mood Disorders," issued June 24, 2014) following a Paragraph IV certification as part of Aptoex's filing of an ANDA to manufacture a generic version of Otsuka's Abilify® (aripiprazole, used to treat bipolar disorder and schizophrenia).  View the complaint here.

Amgen Inc. et al. v. Sandoz Inc. et al.
3:14-cv-04741; filed October 24, 2014 in the Northern District of California

• Plaintiffs:  Amgen Inc.; Amgen Manufacturing, Ltd.
• Defendants:  Sandoz Inc.; Sandoz International GmbH; Sandoz GmbH

Infringement of U.S. Patent No. 6,162,427 ("Combination of G-CSF With a Chemotherapeutic Agent for Stem Cell Mobilization," issued December 19, 2000) in conjunction with Sandoz's submission of a BLA seeking approval under the BPCIA to market a biosimilar of Amgen's Neupogen® (filgrastim, used to treat side effects of certain forms of chemotherapy).  Also claims of unfair competition and conversion.  View the complaint here.

AstraZeneca Pharmaceuticals LP v. Pharmadax USA, Inc., et al.
1:14-cv-06557; filed October 22, 2014 in the District Court of New Jersey

• Plaintiffs:  AstraZeneca Pharmaceuticals LP; AstraZeneca UK Ltd.
• Defendants:  Pharmadax USA, Inc.; Pharmadax Inc.; Pharmadax (Guangzhou) 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 Pharmadax'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.

 

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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