Court Report - Part II - April 25, 2012

[author: Sherri Oslick]

Gavel In an effort to catch up with recently filed biotech and pharma cases, Patent Docs presents this additional installment of Court Report. 

Purdue Pharma, L.P. et al. v. Varam, Inc. et al.
2:12-cv-01898; filed April 12, 2012 in the Eastern District of Pennsylvania

• Plaintiffs:  Purdue Pharma, L.P.; The P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Rhodes Technologies
• Defendants:  Varam, Inc.; KVK-Tech, Inc.

Purdue Pharma L.P. et al. v. Varam, Inc. et al.
1:12-cv-02814; filed April 10, 2012 in the Southern District of New York

• Plaintiffs:  Purdue Pharma L.P.; The P.F. Laboratories, Inc.; Purdue Pharmaceuticals L.P.; Rhodes Technologies
• Defendants:  Varam, Inc.; KVK-Tech, Inc.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 5,508,042 ("Controlled Release Oxycodone Compositions," issued April 16, 1996), 7,674,799 ("Oxycodone Hydrochloride Having Less Than 25 PPM 14-Hydroxycodeinone," issued March 9, 2010), 7,674,800 (same title, issued March 9, 2010), and 7,683,072 (same title, issued March 23, 2010) following a Paragraph IV certification as part of Varam'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 SDNY complaint here.

UCB Inc. et al. v. Mallinckrodt Inc.
1:12-cv-00463; filed April 12, 2012 in the District Court of Delaware

• Plaintiffs:  UCB Inc.; UCB Manufacturing Inc.
• Defendant:  Mallinckrodt Inc.

Infringement of U.S. Patent No. 6,344,215 ("Methylphenidate Modified Release Formulations," issued February 5, 2005) following a paragraph IV certification as part of Mallinckrodt's filing of an ANDA to manufacture a generic version of UCB's Metadate CD® (methylphenidate hydrochloride, used to treat attention deficit hyperactivity disorder).  View the complaint here.

Astrazeneca Pharmaceuticals LP et al. v. Intellipharmaceuticals Corp. et al.
1:12-cv-02855; filed April 11, 2012 in the Southern District of New York

• Plaintiffs:  Astrazeneca Pharmaceuticals LP; Astrazeneca UK Ltd.
• Defendants:  Intellipharmaceuticals Corp.; Intellipharmaceuticals International 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 Intellipharmaceuticals' 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.

Abbott Laboratories v. Roxane Laboratories Inc.
1:12-cv-00457; filed April 10, 2012 in the District Court of Delaware

Infringement of U.S. Patent Nos. 7,148,359 ("Polymorph of a Pharmaceutical," issued December 12, 2006), 7,364,752 ("Solid Dispersion Pharamaceutical Formulations," issued April 29, 2008), and 5,648,497 ("Retroviral Protease Inhibiting Compounds," issued July 15, 1997) following a Paragraph IV certification as part of Roxane's filing of an ANDA to manufacture a generic version of Abbott's Norvir® (ritonavir, used to treat human immunodeficiency virus (HIV) infection).  View the complaint here.

Depomed, Inc. v. Impax Laboratories, Inc. et al.
3:12-cv-02154; filed April 10, 2012 in the District Court of New Jersey

• Plaintiff:  Depomed, Inc.
• Defendants:  Impax Laboratories, Inc.; Par Pharmaceutical Companies, Inc.; Par Pharmaceutical, Inc.

Infringement of U.S. Patent Nos. 6,340,475 ("Extending the Duration of Drug Release Within the Stomach During the Fed Mode," issued January 22, 2002), 6,488,962 ("Tablet Shapes To Enhance Gastric Retention of Swellable Controlled-Release Oral Dosage Forms," issued December 3, 2002), 6,635,280 ("Extending the Duration of Drug Release Within the Stomach During the Fed Mode," issued October 21, 2003), 6,723,340 ("Optimal Polymer Mixtures for Gastric Retentive Tablets," issued April 20, 2004), 7,438,927 ("Methods of Treatment Using a Gastric Retained Gabapentin Dosage," issued October 21, 2008) and 7,731,989 ("Gastric Retained Gabapentin Dosage Form," issued June 8, 2010) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Depomed's Gralise® (gabapentin, used for the management of postherpetic neuralgia).  View the complaint here.

Roxane Laboratories, Inc. v. Abbott Laboratories
2:12-cv-00312; filed April 10, 2012 in the Southern District of Ohio

Declaratory judgment of invalidity and noninfringement of U.S. Patent Nos. 7,148,359 ("Polymorph of a Pharmaceutical," issued December 12, 2006) and 7,364,752 ("Solid Dispersion Pharamaceutical Formulations," issued April 29, 2008) in conjunction with Roxane's filing of an ANDA to manufacture a generic version of Abbott's Norvir® (ritonavir, used to treat human immunodeficiency virus (HIV) infection).  View the complaint here.

 

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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