Court Report - September 23, 2012

[author: Sherri Oslick]

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

Cubist Pharmaceuticals Inc. v. Hospira Inc.
1:12-cv-01142; filed September 17, 2012 in the District Court of Delaware

Infringement of U.S. Patent Nos. 6,468,967 ("Methods for Administration of Antibiotics," issued October 22, 2002), 6,852,689 (same title, issued February 8, 2005), RE39,071 ("Anhydro-and Isomer-A-21978C Cyclic Peptides," April 18, 2006), 8,058,238 ("High Purity Lipopeptides," issued November 15, 2011), and 8,129,342 (same title, issued March 6, 2012) following a Paragraph IV certification as part of Hospira's filing of an ANDA to manufacture a generic version of Cubist's Cubicin® (daptomycin for injection, used for the treatment of skin infections caused by certain Gram-positive microorganisms).  View the complaint here.

Otsuka Pharmaceutical Co., Ltd. v. Silarx Pharmaceuticals, Inc.
3:12-cv-05809; filed September 14, 2012 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 6,977,257 ("Aripiprazole Oral Solution," issued December 20, 2005) and 5,006,528 ("Carbostyril Derivatives," issued April 9, 1991) following a Paragraph IV certification as part of Silarx'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.


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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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