Court Report - January 7, 2013

by McDonnell Boehnen Hulbert & Berghoff LLP

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

Life Technologies Corp. et al. v. Kappos et al.
1:12-cv-01518; filed December 28, 2012 in the Eastern District of Virginia

• Plaintiffs:  Life Technologies Corp.; Geneart AG; Applied Biosystems, LLC
• Defendants:  David J. Kappos; Office of the Attorney General

Review and correction of the patent term adjustment calculation made by the U.S. Patent and Trademark Office for U.S. Patent Nos. 8,211,699 ("Methods for Culturing Pluripotent Stem Cells in Suspension Using ERBB3 Ligands," issued July 3, 2012), 8,224,578 ("Method and Device for Optimizing a Nucleotide Sequence for the Purpose of Expression of a Protein, issued July 17, 2012), 8,221,607 ("High Speed, High Resolution Compositions, Methods and Kits for Capillary Electrophoresis," issued July 17, 2012), 8,232,582 ("Ultra-Fast Nucleic Acid Sequencing Device and a Method for Making and Using the Same," issued July 31, 2012), 8,247,219 ("Device and Method for Multiple Analyte Detection," issued August 21, 2012), 8,262,900 ("Methods and Apparatus for Measuring Analytes Using Large Scale FET Arrays," issued September 11, 2012), 8,268,149 ("Electro-Blotting Devices, Systems, and Kits, and Methods for Their Use," issued September 18, 2012), 8,268,249 ("Analytical Device with Lightguide Illumination of Capillary and Microgroove Arrays," issued September 18, 2012), 8,246,806 ("Multi-Capillary Array Electrophoresis Device," issued August 21, 2012), and 8,287,881 ("Synthetic Gagpol Genes and Their Uses," issued October 16, 2012).  View the complaint here.

Abbvie Biotechnology, Ltd. v. Kappos
1:12-cv-01511; filed December 28, 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. 8,216,583 ("Formulation of Human Antibodies for Treating TNF-α Associated Disorders," issued July 10, 2012). View the complaint here.

Human Genome Sciences, Inc. v. Kappos
1:12-cv-01509; filed December 28, 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. 8,211,439 ("Albumin Fusion Proteins Comprising Insulin Polypeptides," issued July 3, 2012). View the complaint here.

Shionogi & Co., Ltd. v. Sandoz Inc.
3:12-cv-07907; filed December 28, 2012 in the District Court of New Jersey

Infringement of U.S. Patent No. 8,247,402 ("Crystal Form of Pyrrolidylthiocarbapenem Derivative," issued August 21, 2012) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Shionogi's (and Janssen's) Doribax® (doripenem injection, used to treat complicated intra-abdominal infections and complicated urinary tract infections, including pyelonephritis).  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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