Court Report - Part III - April 26, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP

[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. 

Depomed Inc. et al. v. Watson Laboratories Inc. Florida et al.
1:12-cv-00492; filed April 18, 2012 in the District Court of Delaware

• Plaintiffs:  Depomed Inc.; Valeant International (Barbados) SRL
• Defendants:  Watson Laboratories Inc. Florida; Watson Pharmaceuticals Inc.; Watson Pharma Inc.

Infringement of U.S. Patent Nos. 6,488,962 ("Tablet Shapes to Enhance Gastric Retention of Swellable Controlled-Release Oral Dosage Forms, issued December 3, 2002) and 7,780,987 ("Controlled Release Dosage Forms," issued August 24, 2010) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Depomed's Glumetza® (metformin hydrochloride extended release tablets, used to improve glycemic control in adults with type 2 diabetes mellitus).  View the complaint here.

Eli Lilly and Company v. Apotex Inc. et al.
1:12-cv-00499; filed April 17, 2012 in the Southern District of Indiana

• Plaintiff:  Eli Lilly and Company
• Defendants:  Apotex Inc.; Apotex Corp.

Infringement of U.S. Patent No. 7,772,209 ("Novel Antifolate Combination Therapies," issued August 10, 2010) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Lilly's Alimta® (pemetrexed for injection, used to treat malignant pleural mesothelioma and locally advanced or metastatic non-small cell lung cancer).  View the complaint here.

OSI Pharmaceuticals LLC et al. v. Roxane Laboratories Inc.
1:12-cv-00465; filed April 13, 2012 in the District Court of Delaware

• Plaintiffs:  OSI Pharmaceuticals LLC; Pfizer Inc.; Genentech Inc.
• Defendant:  Roxane Laboratories Inc.

Infringement of U.S. Patent Nos. RE41,065 ("Alkynyl and Azido-Substituted 4-Anilinoquinazoline," issued May 5, 1998), 6,900,221 ("Stable Polymorph on N-(3-Ethynylpheny1)-6, 7-Bis(2MethoxyEthoxy)-4-Quinazolinamine Hydrochloride, Methods of Production, and Pharmaceutical Uses Thereof," issued May 31, 2005), and 7,087,613 ("Treating Abnormal Cell Growth With A Stable Polymorph on N-(3-Ethynylpheny1)-6,7-Bis(2MethoxyEthoxy)-4-Quinazolinamine Hydrochloride," issued August 8, 2006) following a Paragraph IV certification as part of Roxane's filing of an ANDA to manufacture a generic version of OSI's Tarceva® (erlotinib, used to treat non-small cell lung cancer and advanced pancreatic cancer).  View the complaint here.

Pfizer Inc. et al. v. Dr. Reddy's Laboratories Ltd. et al.
1:12-cv-00467; filed April 13, 2012 in the District Court of Delaware

• Plaintiffs:  Pfizer Inc.; Pfizer Pharmaceuticals LLC; Pfizer Ireland Pharmaceuticals; Pfizer Ltd.; CP Pharmaceuticals International CV
• Defendants:  Dr. Reddy's Laboratories Ltd.; Dr. Reddy's Laboratories Inc.

Infringement of U.S. Patent No. 6,455,574 ("Therapeutic Combination," issued September 24, 2002) following a Paragraph IV certification as part of Dr. Reddy's filing of an ANDA to manufacture a generic version of Pfizer's Caduet® (atorvastatin calcium -- the active ingredient in Lipitor® -- and amlodipine besylate -- the active ingredient in Norvasc® -- used to treat high cholesterol in combination with treating hypertension, angina, and/or coronary artery disease).  View the complaint here.

Purdue Pharma L.P. et al. v. Mylan Pharmaceuticals Inc. et al.
1:12-cv-02959; filed April 13, 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:  Mylan Pharmaceuticals Inc.; Mylan Inc.

Infringement of U.S. Patent Nos. 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 Mylan'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.

Allergan, Inc. v. Sandoz, Inc. et al.
2:12-cv-00207; filed April 13, 2012 in the Eastern District of Texas

• Plaintiff:  Allergan, Inc.
• Defendants:  Sandoz, Inc.; Alcon Laboratories, Inc.; Alcon Research, Ltd.; Falcon Pharmaceuticals, Ltd.; Apotex, Inc.; Apotex Corp.; Watson Laboratories, Inc.

Infringement of U.S. Patent No. 8,133,890 ("Combination of Brimonidine and Timolol for Topical Ophthalmic Use," issued March 13, 2012) in conjunction with defendants' filing of an ANDA to manufacture a generic version of Allergan's Combigan® (brimonidine tartrate/timolol maleate ophthalmic solution, used to treat glaucoma).  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.

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