About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Sage Labs Inc. v. Transposagen Biopharmaceuticals Inc.
1:15-cv-00791; filed September 9, 2015 in the District Court of Delaware
Declaratory judgment of non-infringement and invalidity of U.S. Patent Nos. 8,558,055 ("Genetically Modified Rat Comprising a Cytokine Gene Disruption and Exhibiting a Greater Susceptibility to a Cytokine-Mediated Autoimmune and/or Inflammatory Disease," issued October 15, 2013) and 8,722,964 ("Genetically Engineered or Transgenic Rats Exhibiting a Cancer Phenotype Due to a Disruption of Germline Tumor Suppression Genes," issued May 13, 2014) based on Sage's manufacture and sale of transgenic rates for animal research. View the complaint here. [NB: The complaint was later voluntarily dismissed.]
Eaton Veterinary Pharmaceutical, Inc. v. Wedgewood Village Pharmacy, Inc.
4:15-cv-00687; filed September 9, 2015 in the Western District of Missouri
Infringement of U.S. Patent No. 6,930,127 ("Veterinary Treatment of Ophthalmic Disease in Animals Using Topical Tacrolimus," issued August 16, 2005) based on Wedgewood's manufacture and sale of compounded ophthalmic products containing tacrolimus for veterinary use. View the complaint here.
Meda Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA, Inc.et al.
1:15-cv-00785; filed September 8, 2015 in the District Court of Delaware
• Plaintiffs: Meda Pharmaceuticals Inc.; Cipla Ltd.
• Defendants: Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.
Infringement of U.S. Patent Nos. 8,163,723 ("Combination of Azelastine and Steroids," issued April 24, 2012) and 8,168,620 (same title, issued May 1, 2012), licensed to Meda, following a Paragraph IV certification as part of Teva's filing of an ANDA to manufacture a generic version of Meda's Dymista® (azelastine hydrochloride and fluticasone prioionate combination nasal spray. View the complaint here.
Allergan, Inc. v. InnoPharma, Inc. et al.
2:15-cv-01504; filed September 8, 2015 in the Eastern District of Texas
• Plaintiff: Allergan, Inc.
• Defendants: InnoPharma, Inc.; Pfizer, Inc.
Infringement of U.S Patent Nos. 8,629,111 ("Methods of Providing Therapeutic Effects Using Cyclosporine Components," issued January 14, 2014), 8,633,162 (same title, issued January 21, 2014), 8,642,556 (same title, issued February 4, 2014), 8,648,048 (same title, issued February 11, 2014), and 8,685,930 (same title, issued April 1, 2014) following a Paragraph IV certification as part of InnoPharma's filing of an ANDA to manufacture a generic version of Allergan's Restasis® (cyclosporine ophthalmic emulsion, 0.05%, used to treat dry eye). View the complaint here.
Purdue Pharma L.P. v. Alvogen Pine Brook LLC et al.
1:15-cv-00784; filed September 4, 2015 in the District Court of Delaware
• Plaintiff: Purdue Pharma L.P.
• Defendant: Alvogen Pine Brook Inc.; Alvogen Pine Brook LLC
Infringement of U.S. Patent Nos. 9,056,052 ("Controlled Release Hydrocodone Formulations," issued June 16, 2015) and 9,060,940 ("Controlled Release Hydrocodone," issued June 23, 2015) following a Paragraph IV certification as part of Alvogen's filing of an ANDA to manufacture a generic version of Purdue's Hysingla® (hydrocodone bitartrate, used for the management of pain severe enough to require daily, around-the-clock, long-term opioid treatment and for which alternative treatment options are inadequate). View the complaint here.