Court Report -- September 22, 2013

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

Alcon Research, Ltd. et al. v. Wockhardt Ltd. et al.
1:13-cv-01452; filed September 12, 2013 in the Southern District of Indiana

• Plaintiffs:  Alcon Research, Ltd.; Alcon Pharmaceuticals, Ltd.
• Defendants:  Wockhardt Ltd.; Wockhardt Bio AG; Wockhardt Bio Ltd.; Wockhardt USA LLC

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 Wockhardt'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.

Novozymes A/S et al. v. Boli Bioproducts USA, LLC
4:13-cv-01786; filed September 11, 2013 in the Eastern District of Missouri

• Plaintiffs:  Novozymes A/S; Novozymes North America, Inc.
• Defendant:  Boli Bioproducts USA, LLC

Infringement of U.S. Patent No. 6,255,084 ("Thermostable Glucoamylase," issued July 3, 2001) based on Boli's manufacture and sale of its BOLI GA 130 glucoamylase product.  View the complaint here.

Alkem Laboratories Ltd. v. NPS Pharmaceuticals, Inc.
1:13-cv-06487; filed September 10, 2013 in the Northern District of Illinois

Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 6,071,970 ("Compounds Active at a Novel Site on Receptor-Operated Calcium Channels Useful for Treatment of Neurological Disorders and Diseases," issued June 6, 2000) based on Alkem's Paragraph IV certification as part of its filing of an ANDA to manufacture generic versions of Janssen's Nucynta® and Nucynta®  ER (tapentadol hydrochloride, used for the management of moderate to severe acute pain in adults).  View the complaint here.

Ferring B.V. v. Actavis, Inc. et al.
3:13-cv-00477; filed September 6, 2013 in the District Court of Nevada

• Plaintiff:  Ferring B.V.
• Defendants:  Actavis, Inc.; Watson Laboratories, Inc.; Andrx Corp.; Watson Laboratories, Inc. – Florida; Watson Pharma, Inc.

Infringement of U.S. Patent Nos. 8,487,005 ("Tranexamic Acid Formulations," issued July 16, 2013), 7,947,739 (same title, issued May 24, 2011), 8,022,106 (same title, issued September 20, 2011), and 8,273,795 (same title, issued September 25, 2012) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Ferring's Lysteda® (tranexamic acid, used to treat heavy menstrual bleeding).  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 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 to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*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.