Court Report - Part II: February 03, 2014

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

Novartis Pharmaceuticals Corp. et al. v. Noven Pharmaceuticals Inc. et al.
1:14-cv-00111; filed January 30, 2014 in the District Court of Delaware

• Plaintiffs:  Novartis Pharmaceuticals Corp.; Novartis AG; Novartis Pharma AG; Novartis International Pharmaceutical, LTD; LTS Lohmann Therapie-Systeme AG
• Defendants:  Noven Pharmaceuticals Inc.; Noven Therapeutics LLC; Hisamitsu Pharmaceutical Co. Inc.

Infringement of U.S. Patent Nos. 6,316,023 ("TTS Containing an Antioxidant," issued November 13, 2001) and 6,335,031 (same title, issued January 1, 2002) following a Paragraph IV certification as part of Noven's filing of an ANDA to manufacture a generic version of Novartis' Exelon® Patch (rivastigmine tartrate, used to treat mild to moderate dementia of the Alzheimer's type, and mild to moderate dementia associated with Parkinson's disease).  View the complaint here.

Idenix Pharmaceuticals Inc. et al. v. Gilead Pharmasset LLC
1:14-cv-00109; filed January 29, 2014 in the District Court of Delaware

• Plaintiffs:  Idenix Pharmaceuticals Inc.; Universita Degli Studi di Cagliari; Centre National de la Recherche Scientifique; L' Universite Montpellier II
• Defendant:  Gilead Pharmasset LLC

Review of the decision of the Patent Trial and Appeal Board awarding priority of invention to Gilead in the interference between U.S. Patent Application No. 12/131,868 ("Modified 2' and 3' Nucleoside Prodrugs For Treating Flaviviridae Infections," filed June 2, 2008), assigned to Idenix  and U.S. Patent No. 7,429,572 ("Modified Fluorinated Nucleoside Analogues," issued September 30, 2008), assigned to Gilead.  View the complaint here.

Alcon Research, Ltd. et al. v. Cipla Ltd. et al.
1:14-cv-00131; filed January 29, 2014 in the Southern District of Indiana

• Plaintiffs:  Alcon Research, Ltd.; Alcon Pharmaceuticals, Ltd.
• Defendants:  Cipla Ltd.; Cipla USA, Inc.

Infringement of U.S. Patent Nos. 6,995,186 ("Olopatadine Formulations for Topical Administration," issued on February 7, 2006) and 7,402,609 (same title, issued July 22, 2008) following a Paragraph IV certification as part of Cipla's filing of an ANDA to manufacture a generic version of Alcon's Pataday® (olopatadine hydrochloride ophthalmic solution, used to treat ocular itching associated with allergic conjunctivitis).  View the complaint here.

Eli Lilly and Company et al. v. Par Pharmaceutical Companies, Inc. et al.
2:14-cv-00508; filed January 24, 2014 in the District Court of New Jersey

• Plaintiffs:  Eli Lilly and Company; Diichi Sankyo Co., Ltd.; Daiichi Sanyko, Inc.; UBE Industries, Ltd.
• Defendants:  Par Pharmaceutical Companies, Inc.; Par Pharmaceutical, Inc.

Infringement of U.S. Patent Nos. 8,404,703 ("Medicinal Compositions Containing Aspirin," issued March 26, 2013) and 8,569,325 ("Method of Treatment with Coadministration of Aspirin and Prasugrel," issued October 29, 2013) following a Paragraph IV certification as part of Par's amendment of its ANDA to manufacture a generic version of Lilly's Effient® (prasugrel hydrochloride, to be used in combination with aspirin for the reduction of thrombotic cardiovascular events in certain patients with acute coronary syndrome (ACS) who are to be managed with percutaneous coronary intervention).  View the complaint here.

Cadence Pharmaceuticals, Inc. et al. v. Wockhardt Ltd. et al.
1:14-cv-00485; filed January 23, 2014 in the District Court of New Jersey

• Plaintiffs:  Cadence Pharmaceuticals, Inc.; SCR Pharmatop
• Defendants:  Wockhardt Ltd.; Wockhardt Bio AG; Wockhardt USA LLC

Infringement of U.S. Patent Nos. 6,028,222 ("Stable Liquid Paracetamol Compositions, and Method for Preparing the Same," issued February 22, 2000) and 6,992,218 ("Method for Obtaining Aqueous Formulations of Oxidation-Sensitive Active Principles," issued January 31, 2006), both licensed to Cadence, following a Paragraph IV certification as part of Wockhardt's filing of an ANDA to manufacture a generic version of Cadence's Ofirmev® (acetaminophen injection, used for the management of mild to moderate pain, the management of moderate to severe pain with adjunctive opioid analgesics, and the reduction of fevers).  View the complaint here.

 

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