About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Merck Sharp & Dohme Corp. et al. v. Med-Pharmex, Inc.
3:15-cv-01905; filed August 28, 2015 in the Southern District of California
• Plaintiffs: Merck Sharp & Dohme Corp.; Intervet Inc.
• Defendant: Med-Pharmex, Inc.
Infringement of U.S. Patent No. 6,127,353 ("Mometasone Furoate Monohydrate, Process for Making Same and Pharmaceutical Compositions," issued October 3, 2000) following Med-Pharmex's filing of an Abbreviated New Animal Drug Application seeking approval to sell a generic version of Merck's Mometamax® (mometasone furoate monohydrateotic otic suspension, used to treat ear infections in dogs). View the complaint here.
Merck Sharp & Dohme Corp. v. Royalty Pharma Collection Trust
1:15-cv-00757; filed August 28, 2015 in the District Court of Delaware
Declaratory judgement of non-infringement and invalidity of U.S. Patent Nos. 6,303,661 ("Use of Dipeptidyl Peptidase IV Effectors For Lowering the Blood Glucose Levels in Mammals," issued October 16, 2001), 6,803,357 ("Method Of Regulating Glucose Metabolism And Reagents Related Thereto," issued October 12, 2004), 7,157,429 (same title, issued January 2, 2007), 6,890,898 (same title, issued May 10, 2005), 7,078,381 (same title, issued July 18, 2006), 7,459,428 (same title, issued December 2, 2008), 7,829,530 (same title, issued November 9, 2010), 8,318,669 (same title, issued November 27, 2012.), 8,513,190 (same title, issued August 20, 2013), and 9,044,424 (same title, issued June 2, 2015) based on Merck's manufacture and sale of its Sitagliptin Products, including Januvia®, Janumet® and Janumet® XR (sitagliptin phosphate or sitagliptin phosphate and metformin, used to treat Type II diabetes). View the complaint here.
Warner Chilcott (US), LLC et al. v. Teva Pharmaceuticals USA, Inc. et al.
2:15-cv-01471; filed August 28, 2015 in the Eastern District of Texas
• Plaintiffs: Warner Chilcott (US), LLC; Warner Chilcott Company, LLC; Qualicaps Co., Ltd.
• Defendants: Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.
Infringement of U.S. Patent No. 6,649,180 ("Hard Capsule Formed of Cellulose Ether Film with a Specific Content of Methoxyl and Hydroxypropoxyl Groups," issued November 18, 2003) following a Paragraph IV certification as part of Tea's filing of an ANDA to manufacture a generic version of Warner Chilcott's Delzicol® (mesalamine delayed release capsules, used for the treatment of mildly to moderately active ulcerative colitis in patients 12 years of age older and for the maintenance of remission of ulcerative colitis in adults). View the complaint here.
Galderma Laboratories LP et al. v. Taro Pharmaceuticals USA Inc
3:15-cv-02814; filed August 28, 2015 in the Northern District of Texas
• Plaintiffs: Galderma Laboratories LP; Galderma SA; Galderma Research & Development SNC
• Defendant: Taro Pharmaceuticals USA Inc.
Infringement of U.S. Patent Nos. 8,071,644 ("Combinations of Adapalene and Benzoyl Peroxide for Treating Acne Lesions," issued December 6, 2011), 8,080,537 (same title, issued December 26, 2011), 8,129,362 ("Combination/Association of Adapalene and Benzoyl Peroxide for Treating Acne Lesions," issued March 6, 2012), 8,445,543 ("Combinations of Adapalene and Benzoyl Peroxide for Treating Acne Lesions," issued May 21, 2013), and 8,809,305 ("Administration of Adapalene and Benzoyl Peroxide for the Long-Term Treatment of Acne Vulgaris," issued August 19, 2014) following a Paragraph IV certification as part of Taro's filing of an ANDA to manufacture a generic version of Galderma's Epiduo® Gel (adapalene and benzoyl peroxide, used to treat acne vulgaris). View the complaint here.
