Court Report - Part II - May 23, 2012

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[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. 

Janssen Products, L.P. et al. v. Lupin Ltd. et al.
2:12-cv-02840; filed May 10, 2012 in the District Court of New Jersey

• Plaintiffs:  Janssen Products, L.P.; Janssen R&D Ireland; G.D. Searle, LLC
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals Inc.

Infringement of U.S. Patent No. RE42,889 ("α- and β-Amino Acid Hydroxyethylamino Sulfonamides Useful as Retroviral Protease Inhibitors," issued November 1, 2011) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Janssen's Prezista® (darunavir, used to treat human immunodeficiency virus (HIV-1) infection).  View the complaint here.

Depomed, Inc. v. Zydus Pharmaceuticals (USA), Inc. et al.
3:12-cv-02813; filed May 9, 2012 in the District Court of New Jersey

• Plaintiff:  Depomed, Inc.
• Defendants:  Zydus Pharmaceuticals (USA), Inc.; Cadila Healthcare Ltd.

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 Zydus' 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.

Shire Development LLC et al. v. Watson Pharmaceuticals, Inc. et al.
0:12-cv-60862; filed May 8, 2012 in the Southern District of Florida

• Plaintiffs:  Shire Development LLC; Shire Pharmaceutical Development Inc.; Cosmo Technologies Ltd.; Giuliani International Ltd.
• Defendants:  Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc. - Florida

Infringement of U.S. Patent No. 6,773,720 ("Mesalazine Controlled Release Oral Pharmaceutical Compositions," issued August 10, 2004) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Shire's Lialda® (mesalamine, used to induce remission in patients with active, mild to moderate ulcerative colitis).  View the complaint here.

Valeant International (Barbados) SRL v. Sandoz Inc.
1:12-cv-00536; filed April 30, 2012 in the District Court of Delaware

Infringement of U.S. Patent Nos. 7,241,805 ("Modified Release Formulations of a Bupropion Salt," issued July 10, 2007), 7,569,610 (same title, issued August 4, 2009), 7,572,935 (same title, issued August 11, 2009), 7,585,897 (same title, issued September 8, 2009), 7,645,802 ("Bupropion Hydrobromide and Therapeutic Applications," issued January 12, 2010), 7,649,019 ("Modified Release Formulations of a Bupropion Salt," issued January 19, 2010), 7,662,407 (same title, issued February 16, 2010), 7,671,094 ("Bupropion Hydrobromide and Therapeutic Applications," issued March 2, 2010), and 7,553,992 ("Modified Release Formulations of a Bupropion Salt," issued June 30, 2009) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Valeant's Aplenzin ER (bupropion, used to treat depression).  View the complaint here.

Monsanto Co. et al. v. Alexander et al.
4:12-cv-00751; filed April 27, 2012 in the Eastern District of Missouri

• Plaintiffs:  Monsanto Co.; Monsanto Technology LLC
• Defendants:  Myron Alexander; John Sullivan; Jamon Andreasen

Infringement of U.S. Patent Nos. 5,352,605 ("Chimeric Genes for Transforming Plant Cells Using Viral Promoters," issued October 4, 1994) and RE39,247 ("Glyphosate-tolerant 5-enolpyruvylshikimate-3-phosphate Synthases," issued August 22, 2006) based on defendants' use of soybean seed produced from earlier planted Roundup Ready® soybean seed.  View the complaint here.

 

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