Court Report - June 10, 2012

[author: Sherri Oslick]

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

Fidopharm Inc. v. Merial Ltd.
1:12-cv-00714; filed June 5, 2012 in the District Court of Delaware

Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 6,096,329 ("Insecticidal Combination to Control Mammal Fleas, in Particular Fleas on Cats and Dogs," issued August 1, 2000), licensed to Merial in the animal health field, based on plaintiffs' manufacture and impending sale of its newly formulated PetArmor® Plus flea-and-tick products for cats and dogs.  View the complaint here.

Merial Ltd. et al. v. VELCERA Inc. et al.
3:12-cv-00075; filed June 5, 2012 in the Middle District of Georgia

• Plaintiffs:  Merial Ltd.; Merial SAS
• Defendants:  Velcera Inc.; Fidopharm Inc.

Infringement of U.S. Patent No. 6,096,329 ("Insecticidal Combination to Control Mammal Fleas, in Particular Fleas on Cats and Dogs," issued August 1, 2000), licensed to Merial in the animal health field, based on defendants' manufacture and impending sale of its newly formulated PetArmor® Plus flea-and-tick products for cats and dogs.  View the complaint here.

Medicis Pharmaceutical Corp. v. Zydus Pharmaceuticals USA, Inc. et al.
3:12-cv-03368; filed June 5, 2012 in the District Court of New Jersey

• Plaintiff:  Medicis Pharmaceutical Corp.
• Defendants:  Zydus Pharmaceuticals USA Inc.; Cadila Healthcare Ltd.

Medicis Pharmaceutical Corp. v. Zydus Pharmaceuticals USA Inc. et al.
1:12-cv-00707; filed June 4, 2012 in the District Court of Delaware

• Plaintiff:  Medicis Pharmaceutical Corp.
• Defendants:  Zydus Pharmaceuticals USA Inc.; Cadila Healthcare Ltd.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 5,908,838 ("Method for the Treatment of Acne," issued June 1, 1999) and 7,790,705 ("Minocycline Oral Dosage Forms for the Treatment of Acne," issued September 7, 2010) following a Paragraph IV certification as part of Zydus' filing of an ANDA to manufacture a generic version of Medics' Solodyn® (minocycline hydrochloride extended release tablets, used to treat acne).  View the Delaware complaint here.

Abbott Laboratories et al. v. Kremers Urban Pharmaceuticals Inc.
1:12-cv-00703; filed June 1, 2012 in the District Court of Delaware

• Plaintiffs:  Abbott Laboratories; Abbott Respiratory LLC
• Defendant:  Kremers Urban Pharmaceuticals Inc.

Infringement of U.S. Patent Nos. 6,080,428 ("Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued June 27, 2000) and 6,469,035 ("Methods of Pretreating Hyperlipidemic Individuals with a Flush Inhibiting Agent Prior to the Start of Single Daily Dose Nicotinic Acid Therapy to Reduce Flushing Provoked by Nicotinic Acid," issued October 22, 2002) following a Paragraph IV certification as part of Kremers' filing of an ANDA to manufacture a generic version of Abbott's Niaspan® (niacin extended-release tablets, used to treat hypercholesterolemia).  View the complaint here.

Merck Sharp & Dohme Corp. v. Accord Healthcare, Inc. USA et al.
3:12-cv-03324; filed June 1, 2012 in the District Court of New Jersey

• Plaintiff:  Merck Sharp & Dohme Corp.
• Defendants:  Accord Healthcare, Inc. USA; Accord Healthcare, Inc.; Intas Pharmaceuticals Ltd.

Merck Sharp & Dohme Corp. v. Sandoz Inc.
3:12-cv-03289; filed May 31, 2012 in the District Court of New Jersey

• Plaintiff:  Merck Sharp & Dohme Corp.
• Defendant:  Sandoz Inc.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 5,691,336 ("Morpholine Compounds Are Prodrugs Useful As Tachykinin Receptor Antagonists," issued November 25, 1997) and 5,716,942 ("Treatment of Migraine With Morpholine Tachykinin Receptor Antagonists," issued February 10, 1998) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Merck's Emend® (fosaprepitant dimeglumine for injection, used in the prevention of acute and delayed nausea and vomiting associated with initial and repeat courses of highly emetogenic cancer chemotherapy including high-dose cisplatin, and to prevent nausea and vomiting associated with initial and repeat courses of moderately emetogenic cancer chemotherapy).  View the Sandoz complaint here.

Human Genome Sciences, Inc. v. Kappos
1:12-cv-00607; filed June 1, 2012 in the Eastern District of Virginia

Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent No. 8,071,092 ("Methods of Inhibiting B Lymphocytes Using Antibodies to Neutrokine-alpha," issued December 6, 2011).  View the complaint here.