About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Eli Lilly and Company v. Sandoz Inc.
1:14-cv-02008; filed December 5, 2014 in the Southern District of Indiana
Infringement of U.S. Patent No. 7,772,209 ("Novel Antifolate Combination Therapies," issued August 10, 2010) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Lilly's Alimta® (pemetrexed for injection, used to treat malignant pleural mesothelioma and locally advanced or metastatic non-small cell lung cancer). View the complaint here.
Fresenius Medical Care Holdings, Inc. v. Lotus Pharmaceutical Co., Ltd. et al.
1:14-cv-14345; filed December 5, 2014 in the District Court of Massachusetts
• Plaintiff: Fresenius Medical Care Holdings, Inc.
• Defendants: Lotus Pharmaceutical Co., Ltd.; Alvogen Pine Brook, Inc.
Fresenius Medical Care Holdings, Inc. v. Lotus Pharmaceutical Co., Ltd et al.
2:14-cv-07612; filed December 5, 2014 in the District Court of New Jersey
• Plaintiff: Fresenius Medical Care Holdings, Inc.
• Defendants: Lotus Pharmaceutical Co., Ltd; Alvogen Pine Brook, Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 6,576,665 ("Encapsulated Calcium Acetate Caplet and a Method for Inhibiting Gastrointestinal Phosphorous Absorption," issued June 10, 2003) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Fresenius' PhosLo® GelCaps (calcium acetate, used to treat renal failure). View the D. Mass. complaint here.
Allergan Inc. et al. v. Wilshire Pharmaceuticals Inc.
1:14-cv-01461; filed December 4, 2014 in the District Court of Delaware
• Plaintiffs: Allergan Inc.; Vistakon Pharmaceuticals LLC
• Defendant: Wilshire Pharmaceuticals Inc.
Infringement of U.S. Patent No. 8,664,215 ("Ocular Allergy Treatments with Alcaftadine," issued March 4, 2014), licensed to Allergan, following a Paragraph IV certification as part of Wilshire's filing of an ANDA to manufacture a generic version of Allergan's Lastacaft® (alcaftadine ophthalmic solution 0.25%, used for the prevention of itching associated with allergic conjunctivitis). View the complaint here.
Novartis Pharmaceuticals Corp. v. Amneal Pharmaceuticals, LLC et al.
2:14-cv-07557; filed December 3, 2014 in the District Court of New Jersey
• Plaintiff: Novartis Pharmaceuticals Corp.
• Defendants: Amneal Pharmaceuticals, LLC; Amneal-Agila, LLC; Mylan Inc.; Mylan Institutional Inc.
Novartis Pharmaceuticals Corp. v. Sagent Pharmaceuticals, Inc.
2:14-cv-07556; filed December 3, 2014 in the District Court of New Jersey
Novartis Pharmaceuticals Corp. v. Par Sterile Products, LLC et al.
2:14-cv-07558; filed December 3, 2014 in the District Court of New Jersey
• Plaintiff: Novartis Pharmaceuticals Corp.
• Defendants: Par Sterile Products, LLC; Par Pharmaceutical Companies, Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 8,324,189 ("Use of Zolendronate for the Manufacture of a Medicament for the Treatment of Bone Metabolism Diseases," issued December 4, 2012) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Novartis' Zometa® (zoledronic acid, used for the prevention of skeletal-related complications associated with cancer). View the Amneal complaint here.
