Court Report - Part II: 7-17-2013

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

Aptalis Pharma US Inc. et al. v. Mylan Pharamaceuticals, Inc. et al.
3:13-cv-04158; filed July 5, 2013 in the District Court of New Jersey

• Plaintiffs:  Aptalis Pharma US Inc.; Aptalis Pharma Canada Inc.
• Defendants:  Mylan Pharamaceuticals, Inc.; Mylan Inc.

Infringement of U.S. Patent Nos. 8,217,083 ("Mesalamine Suppository," issued July 10, 2012) and 8,436,051 (same title, issued May 7, 2013) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Aptalis' Canasa® (mesalamine rectal suppository product, used to treat active ulcerative proctitis).  View the complaint here.

Novartis AG et al. v. Accord Healthcare, Inc. USA et al.
1:13-cv-01013; filed July 3, 2013 in the District Court of the District of Columbia

• Plaintiffs:  Novartis AG; Novartis Pharmaceuticals Corp.
• Defendants:  Accord Healthcare, Inc. USA; Intas Pharmaceutical Ltd.

Infringement of U.S. Patent Nos. 6,025,391 ("Enteric-Coated Pharmaceutical Compositions of Mycophenolate," issued February 15, 2000), 6,172,107 ("Entric-Coated Pharmaceutical Compositions," issued January 9, 2001), and 6,306,900 (same title, issued October 23, 2001) following a Paragraph IV certification as part of Accord's filing of an ANDA to manufacture a generic version of Novartis' Myfortic® (mycophenolate sodium, used for the prophylaxis or prevention of organ rejection in patients receiving allogeneic renal transplants, administered in combination with cyclosporine and corticosteroids).  View the complaint here.

Purdue Pharma L.P. et al. v. Teva Pharmaceuticals USA, Inc.
1:13-cv-04606; filed July 2, 2013 in the Southern District of New York

• Plaintiffs:  Purdue Pharma L.P.; P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Grunenthal GmbH
• Defendant:  Teva Pharmaceuticals USA, Inc.

Infringement of U.S. Patent Nos. 8,337,888 ("Pharmaceutical Formulation Containing Gelling Agent," issued December 25, 2012) and 8,309,060 ("Abuse-Proofed Dosage Form," issued November 13, 2012) following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Purdue Pharma's OxyContin® (controlled release oxycodone hydrochloride, used to treat pain).  View the complaint here.

Alpex Pharma, S.A. et al. v. Zydus Pharmaceuticals USA, Inc. et al.
1:13-cv-04076; filed July 1, 2013 in the District Court of New Jersey

• Plaintiffs:  Alpex Pharma, S.A.; Citius Pharmaceuticals, LLC.; Prenzamax, LLC
• Defendants:  Zydus Pharmaceuticals USA, Inc.; Cadila Healthcare Ltd.

Infringement of U.S. Patent No. 6,149,938 ("Process for the Preparation of a Granulate Suitable to the Preparation of Rapidly Disintegrable Mouth-Soluble Tablets and Compositions Obtained Thereby," issued November 21, 2000) following a Paragraph IV certification as part of Zydus' filing of an ANDA to manufacture a generic version of Alpex's Suprenza® (phentermine hydrochloride, used to treat obesity).  View the complaint here.

Trivitis, Inc. v. Primus Pharmaceuticals, Inc.
3:13-cv-00352; filed July 1, 2013 in the District Court of Nevada

Infringement of U.S. Patent No. 6,562,864 ("Catechin Multimers as Therapeutic Drug Delivery Agents," issued May 13, 2003) based on Primus' manufacture and sale of its Limbrel product (flavocoxid and citrated zinc bisglycinate, used for the clinical dietary management of the metabolic processes of osteoarthritis).  View the complaint here.

 

Topics:  Biotechnology, Mylan Pharmaceuticals, Novartis, Patent Litigation, Pharmaceutical

Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology 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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