About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Teva Pharmaceuticals USA Inc. et al. v. Biocon Ltd. et al.
1:16-cv-00278; filed April 19, 2015 in the District Court of Delaware
• Plaintiffs: Teva Pharmaceuticals USA Inc.; Teva Pharmaceutical Industries Ltd.; Teva Neuroscience Inc; Yeda Research and Development Co Ltd.
• Defendants: Biocon Ltd.; Apotex Corp.
Infringement of U.S. Patent Nos. 8,232,250 ("Low Frequency Glatiramer AcetateTherapy," issued July 31, 2012), 8,399,413 (same title, issued March 19, 2013), 8,969,302 (same title, issued on March 3, 2015), and 9,155,776 (same title, issued October 13, 2015) following a Paragraph IV certification as part of defedants' filing of an ANDA to manufacture a generic version of Teva's Copaxone® (glatiramer acetate injection, used for the reduction or frequency of relapses in patients with relapsing-remitting multiple sclerosis). View the complaint here.
Forest Laboratories, LLC et al. v. Apotex Inc. et al.
1:16-cv-00269; filed April 15, 2015 in the District Court of Delaware
• Plaintiffs: Forest Laboratories, LLC; Forest Laboratories Holdings, Ltd.; Cerexa, Inc.; Takeda Pharmaceutical Co. Ltd.; Allergan USA, Inc.
• Defendants: Apotex Inc.; Apotex Corp.
Infringement of U.S. Patent No. 6,417,175 ("Phosphonocephem Derivatives, Derivatives, Process for the Preparation of the Same, and Use Thereof" issued July 9, 2002) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Forest's Teflaro® (ceftaroline fosamil injection, used for the treatment of community-acquired bacterial pneumonia and for the treatment of acute bacterial skin and skin structure infections). View the complaint here.
Merck Sharp & Dohme Corp. v. Bristol-Myers Squibb Co. et al.
2:16-cv-02122; filed April 15, 2015 in the District Court of New Jersey
• Plaintiff: Merck Sharp & Dohme Corp.
• Defendants: Bristol-Myers Squibb Co.; E.R. Squibb & Sons, L.L.C.; Ono Pharmaceutical Co., Ltd.
Declaratory judgment of invalidity and non-infringement of U.S. Patent Nos. 8,779,105 ("Monoclonal Antibodies to Programmed Death 1 (PD-1)," issued July 15, 2014) and 9,084,776 ("Methods for Treating Cancer Using Anti-PD-1 Antibodies," issued July 21, 2015) based on Merck's manufacture and sale of its Keytruda® product (pembrolizumab, an anti-PD-1 antibody, used to treat metastatic melanoma). View the complaint here.