Court Report - December 10, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP

[author: Sherri Oslick]

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

Glycobiosciences, Inc. v. Anika Therapeutics, Inc.
1:12-cv-01963; filed November 25, 2012 in the District Court of the District of Columbia

Infringement of U.S. Patent Nos. 6,120,804 ("Topical Drug Preparations," issued September 19, 2000) and 6,723,345 (same title, issued April 20, 2004) based on Anika's manufacture, use, offer for sale, and sale of their Hyalofill® product (wound dressings composed of an ester of hyaluronic acid, used to treat wounds).  View the complaint here.

Cellectis S.A. v. Precision Biosciences Inc. et al.
1:12-cv-01662; filed December 5, 2012 in the District Court of Delaware

• Plaintiff:  Cellectis S.A.
• Defendants:  Precision Biosciences Inc.; Duke University

Declaratory judgment of invalidity and non-infringement of U.S. Patent No. 8,304,222 ("Rationally-Designed Meganucleases with Altered Sequence Specificity and Heterodimer Formation," issued November 6, 2012).  View the complaint here.

Medicis Pharmaceutical Corp. v. Alkem Laboratories Ltd. et al.
1:12-cv-01663; filed December 5, 2012 in the District Court of Delaware

• Plaintiff:  Medicis Pharmaceutical Corp.
• Defendants:  Alkem Laboratories Ltd.; Pharma Network LLC; Ascend Laboratories LLC

Medicis Pharmaceutical Corp. v. Sidmak Laboratories (India) Pvt. Ltd.
1:12-cv-01664; filed December 5, 2012 in the District Court of Delaware

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), 7,790,705 ("Minocycline Oral Dosage Forms for the Treatment of Acne," issued September 7, 2010), and 8,268,804 (same title, issued September 18, 2012) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Medics' Solodyn® (minocycline hydrochloride extended release tablets, used to treat acne).  View the Alkem complaint here.

Merial Limited et al. v. Ceva Animal Health LLC
3:12-cv-00154; filed December 5, 2012 in the Middle District of Georgia

• Plaintiffs:  Merial Ltd.; Merial SAS
• Defendant:  Ceva Animal Health LLC

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 Ceva's manufacture and impending sale of infringing flea and tick products.  View the complaint here.

Jazz Pharmaceuticals, Inc. v. Roxane Laboratories, Inc.
2:12-cv-07459; filed December 5, 2012 in the District Court of New Jersey

Infringement of U.S. Patent No. 8,324,275 (" Microbiologically Sound and Stable Solutions of Gamma-Hydroxybutyrate Salt for the Treatment of Narcolepsy,"  issued December 4, 2012) following a Paragraph IV certification as part of Roxane's filing of an ANDA to manufacture a generic version of Jazz's Xyrem® (sodium oxybate, used to treat narcolepsy).  View the complaint here.

Supernus Pharmaceuticals, Inc. v. Kappos
1:12-cv-01385; filed November 30, 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. 8,193,211 ("Controlled Release Compositions of Gamma-Hydroxybutyrate," issued June 5, 2012).  View the complaint here.

Bayer Pharma AG et al. v. Lupin Ltd. et al.
1:12-cv-03526; filed November 29, 2012 in the District Court of Delaware

• Plaintiffs:  Bayer Pharma AG; Bayer Intellectual Property GmbH; Bayer Healthcare Pharmaceuticals Inc.
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals, Inc.

Infringement of U.S. Patent No. 8,071,577 ("Multi-phase Contraceptive Preparation Based On a Natural Estrogen," issued December 6, 2011) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Bayer's Natazia® (estradiol valerate and estradiol valerate/dienogest, used as oral contraception).  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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