Court Report Supplement -- May 16, 2013

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Gavel About Court Report Supplement:  Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column.

Tawnsaura Group, LLC v. Direct Digital, LLC
8:13-cv-00004; filed January 2, 2013 in the Central District of California

Infringement of U.S. Patent Nos. 5,874,471 ("Orthomolecular medical use of L-Citrulline for vasoprotection, relaxative smooth muscle tone and cell protection," issued February 23, 1999) and 6,028,107 (same title, February 22, 2000) based on Defendant's manufacture, use, offers for sale, and sales of nutritional supplements containing L-Citrulline and/or L-Citrulline Malate used to boost testosterone levels, including Defendant's Nugenix products.  View the complaint here.

Tawnsaura Group, LLC v. M.D. Science Lab, LLC
8:13-cv-00051; filed January 11, 2013 in the Central District of California

Infringement of U.S. Patent Nos. 5,874,471 ("Orthomolecular medical use of L-Citrulline for vasoprotection, relaxative smooth muscle tone and cell protection," issued February 23, 1999) and 6,028,107 (same title, February 22, 2000) based on Defendant's manufacture, use, offers for sale, and sales of nutritional supplements containing L-Citrulline and/or L-Citrulline Malate used to activate the nitric oxide pathways for vasodilation, including Defendant's "Herbal Viva Super Sex Booster" product.  View the complaint here.

Tawnsaura Group, LLC v. Tribravus Enterprises, LLC (d/b/a iForce Nutrition)
8:13-cv-00080; filed January 16, 2013 in the Central District of California

Infringement of U.S. Patent Nos. 5,874,471 ("Orthomolecular medical use of L-Citrulline for vasoprotection, relaxative smooth muscle tone and cell protection," issued February 23, 1999) and 6,028,107 (same title, February 22, 2000) based on Defendant's manufacture, use, offers for sale, and sales of nutritional supplements containing L-Citrulline and/or L-Citrulline Malate used to increase the plasma concentration of arginine, including Defendant's "Hemavol"-branded products.  View the complaint here.

Tawnsaura Group, LLC v. Muscle Warfare, Inc.
8:13-cv-00143; filed January 29, 2013 in the Central District of California

Infringement of U.S. Patent Nos. 5,874,471 ("Orthomolecular medical use of L-Citrulline for vasoprotection, relaxative smooth muscle tone and cell protection," issued February 23, 1999) and 6,028,107 (same title, February 22, 2000) based on Defendant's manufacture, use, offers for sale, and sales of nutritional supplements containing L-Citrulline and/or L-Citrulline Malate used to increase the plasma concentration of arginine, including Defendant's "Napalm"-branded products.  View the complaint here.

Massachusetts Institute of Technology, et al. v. Shire PLC, et al.
1:13-cv-10020; filed January 4, 2013 in the District of Massachusetts

• Plaintiffs:  Massachusetts Institute of Technology; Children's Medical Center Corp.
• Defendants:  Shire PLC; Shire Pharmaceuticals, Inc.; Shire Regenerative Medicine, Inc.

Infringement of U.S. Patent Nos. 5,759,830 ("Three-dimensional fibrous scaffold containing attached cells for producing vascularized tissue in vivo," issued June 2, 1998), 5,770,417 (same title, June 23, 1998), and 5,770,193 ("Preparation of three-dimensional fibrous scaffold for attaching cells to produce vascularized tissue in vivo," June 23, 1998) based on Defendants' manufacture, marketing, and sales of products for a human fibroblast-derived dermal substitute indicated for use in treatment of full-thickness diabetic foot ulcers, including Defendants' Dermagraft.  View the complaint here.

Biologix Research Company, LLC v. Max Scientific, LLC
1:13-cv-2021; filed March 26, 2012 in the District of Delaware

Suit brought against Defendant for alleged breach of contract, fraud and misrepresentation, and conversion, among others, based on the Defendant's infringement of the rights and interests of Biologix Research Company, LLC concerning U.S. Patent No. 6,946,258 ("Rapid, immunochemical process for measuring thiopurine methyltransferase," September 20, 2005) and the sale of products containing at least Thiopurine Methyltransferase (TPMT) — TPMT-1501-08 (8-patient TPMT kit); the TMPT-1501-24 (24- patient TPMT kit); and the TPMT-1501-40 (40-patient TPMT kit). View the complaint here.

 

Topics:  Infringement, Nutritional Supplements, Patents

Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology Updates

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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