Court Report -- Part II - July 2014

by McDonnell Boehnen Hulbert & Berghoff LLP
Contact

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

Otsuka Pharmaceutical Co. Ltd. v. Par Pharmaceutical Inc.
1:14-cv-00789; filed June 20, 2014 in the District Court of Delaware

Infringement of U.S. Patent Nos. 5,753,677 ("Benzoheterocyclic Compounds," issued May 19, 1998) and 8,501,730 ("Process for Preparing Bezazepine Compounds or Salts Thereof," issued August 6, 2013) following a Paragraph IV certification as part of Par's filing of an ANDA to manufacture a generic version of Otsuka's Samsca® (tolvaptan, used to treat hyponatremia).  View the complaint here.

Amarin Pharmaceuticals Ireland Ltd. v. Omthera Pharmaceuticals Inc. et al.
1:14-cv-00791; filed June 20, 2014 in the District Court of Delaware

• Plaintiff:  Amarin Pharmaceuticals Ireland Ltd.
• Defendants:  Omthera Pharmaceuticals Inc.; AstraZeneca Pharmaceuticals LP

Infringement of U.S. Patent No. 8,663,662 ("Stable Pharmaceutical Compositions and Methods of Using Same" issued March 4, 2014) based on AstraZeneca's anticipated marketing and sale of their recently FDA-approved Epanova™ (mixture of polyunsaturated free fatty acids derived from fish oils for use as an adjunct to diet to reduce triglyceride levels in adult patients with severe (= 500 mg/dL) hypertriglyceridemia).  View the complaint here.

Avanir Pharmaceuticals Inc. v. Ranbaxy Laboratories Ltd. et al.
1:14-cv-00792; filed June 20, 2014 in the District Court of Delaware

• Plaintiff:  Avanir Pharmaceuticals Inc.
• Defendants:  Ranbaxy Laboratories Ltd.; Ranbaxy Inc.

Infringement of U.S. Patent Nos. 7,659,282 ("Pharmaceutical Compositions Comprising Dextromethorphan and Quinidine for the Treatment of Neurological Disorder," issued February 9, 2010) and 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 Ranbaxy'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.  [NB: The complaint was voluntarily dismissed 10 days after it was filed.]

Senju Pharmaceutical Co. et al. v. Metrics, Inc. et al.
1:14-cv-03962; filed June 20, 2014 in the District Court of New Jersey

• Plaintiffs:  Senju Pharmaceutical Co.; Bausch & Lomb, Inc.; Bausch & Lomb Pharma Holdings Corp.
• Defendants:  Metrics, Inc.; Pharmaceuticals, Inc.; Mayne Pharma Group Ltd.; Mayne Pharma (USA), Inc.; Coastal Pharmaceuticals, Inc.

Infringement of U.S. Patent Nos. 8,129,431 ("Aqueous Liquid Preparation Containing 2-amino-3-(4-bromobenzoyl)phenylacetic acid," issued March 6, 2012), 8,669,290 (same title, issued March 1, 2014), and 8,754,131 (same title, issued June 17, 2014) following a Paragraph IV certification as part of Metrics' filing of an ANDA to manufacture a generic version of B&L's Prolensa® (bromfenac ophthalmic solution, used to treat postoperative inflammation and reduction of ocular pain in patients who have undergone cataract surgery).  View the complaint here.

Otsuka Pharmaceutical Co. v. Intas Pharmaceuticals Ltd. et al.
1:14-cv-03996; filed June 20, 2014 in the District Court of New Jersey

• Plaintiff:  Otsuka Pharmaceutical Co.
• Defendants:  Intas Pharmaceuticals Ltd.; Accord Healthcare, Inc.; Accord Healthcare Ltd.; Astron Research Ltd.; Hetero Labs Ltd.

Infringement of U.S. Patent Nos. 8,017,615 ("Low Hygroscopic Aripiprazole Drug Substance and Process for the Preparation Thereof," issued September 13, 2011), 8,580,796 (same title, issued November 12, 2013), and 8,642,760 (same title, issued February 4, 2014) following a Paragraph IV certification as part of Accord'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.

Medicine Store Pharmacy Inc v. AfGin Pharma LLC
3:14-cv-02255; filed June 20, 2014 in the Northern District of Texas

• Plaintiff:  Medicine Store Pharmacy Inc d/b/a RXpress Pharmacy
• Defendant:  AfGin Pharma LLC

Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 8,329,734 ("Topical Therapy for Migraine," issued December 11, 2012) based on RXpress' manufacture and sale of its "Migraine Cream" product(s).  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.

© McDonnell Boehnen Hulbert & Berghoff LLP | Attorney Advertising

Written by:

McDonnell Boehnen Hulbert & Berghoff LLP
Contact
more
less

McDonnell Boehnen Hulbert & Berghoff LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.