Court Report - August 26, 2013

by McDonnell Boehnen Hulbert & Berghoff LLP

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

Purdue Pharmaceutical Products L.P. et al. v. TWi Pharmaceuticals, Inc.
1:13-cv-05999; filed August 22, 2013 in the Northern District of Illinios

• Plainiffs: Purdue Pharmaceutical Products L.P.; Purdue Pharma L.P.; Transcept Pharmaceuticals, Inc.
• Defendant: TWi Pharmaceuticals, Inc.

Purdue Pharmaceutical Products L.P. et al. v. TWI Pharmaceuticals, Inc.
2:13-cv-05003; filed August 20, 2013 in the District Court of New Jersey

• Plaintiffs: Purdue Pharmaceutical Products L.P.; Purdue Pharma L.P.; Transcept Pharmaceuticals, Inc.
• Defendant: Twi Pharmaceuticals, Inc.

The complaints in these cases are substantially identical. Infringement of U.S. Patent Nos. 8,242,131 ("Methods of Treating Middle-of-the-Night Insomnia," issued August 14, 2012) and 8,252,809 ("Compositions for Treating Insomnia," issued August 28, 2012) following a Paragraph IV certification as part of TWI's filing of an ANDA to manufacture a generic version of Purdue's Intermezzo® (sublingual zolpidem tartrate, used to treat insomnia when middle-of-the-night awakening is followed by difficulty returning to sleep). View the New Jersey complaint here.

Life Technologies Corp. et al. v. Rea et al.
1:13-cv-01046; filed August 21, 2013 in the Eastern District of Virginia

• Plaintiffs: Life Technologies Corp.; Life Technologies (Israel) Ltd.; Applied Biosystems, LLC; Molecular Probes, Inc.
• Defendants: Teresa Stanek Rea; Office of the General Counsel

Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for a series of 36 patents on the basis of improper termination of B-delay at the filing of a Request for Continued Examination. View the complaint here.

Reckitt Benckiser Pharmaceuticals Inc. et al. v. Par Pharmaceutical Inc. et al.
1:13-cv-01461; filed August 20, 2013 in the District Court of Delaware

• Plaintiffs: Reckitt Benckiser Pharmaceuticals Inc.; RB Pharmaceuticals Ltd.; MonoSol Rx LLC
• Defendants: Par Pharmaceutical Inc.; IntelGenX Technologies Corp.; LTS Lohmann Therapy Systems Corp.

Infringement of U.S. Patent Nos. 8,475,832 ("Sublingual and Buccal Film Compositions," issued July 2, 2013) and 8,017,150 ("Polyethylene Oxide-Based Films and Drug Delivery Systems Made Therefrom," issued on September 13, 2011) following a Paragraph IV certification as part of Par's filing of an ANDA to manufacture a generic version of Reckitt Benckiser's Suboxone® (buprenorphine hydrochloride and naloxone hydrochloride sublingual film, used for the maintenance treatment of opioid dependence). View the complaint here.

Teva Branded Pharmaceutical Products R&D Inc. et al. v. Perrigo Pharmaceuticals Co. et al.
1:13-cv-01441; filed August 16, 2013 in the District Court of Delaware

• Plaintiffs: Teva Branded Pharmaceutical Products R&D Inc.; Teva Respiratory LLC; Norton (Waterford) Ltd.; Norton Healthcare Ltd.
• Defendants: Perrigo Pharmaceuticals Co.; Perrigo Co.; Catalent Pharma Solutions LLC

Infringement of U.S. Patent Nos. 7,566,445 ("Medicinal Aerosols and Methods of Delivery Thereof," issued July 28, 2009), 7,105,152 ("Suspension Aerosol Formulations," issued September 12, 2006), 6,446,627 ("Inhaler Dose Counter," issued September 10, 2002), and 8,132,712 ("Metered-Dose Inhaler," issued March 13, 2012) following a Paragraph IV certification as part of Perrigo's filing of an ANDA to manufacture a generic version of Teva's ProAir® HFA Inhalation Aerosol (albuterol sulfate, used for the treatment or prevention of bronchospasm with reversible obstructive airway disease in patients 4 years of age and older and for the prevention of exercise-induced bronchospasm in patients 4 years of age and older). 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.

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