About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Mayne Pharma International Pty Ltd. v. Merck & Co., Inc., et al.
1:15-cv-00438; filed May 29, 2015 in the District Court of Delaware
• Plaintiff: Mayne Pharma International Pty Ltd.
• Defendants: Merck & Co., Inc.; Merck Sharp & Dohme Corp.; N.V. Organon
Infringement of U.S. Patent No. 6,881,745 ("Pharmaceutical Compositions for Poorly Soluble Drugs," issued April 18, 2005) based on Merck's manufacture and sale of its Noxafil® (posaconazole, used in the prophylaxis of fungal infections in immunocompromised patients, and in the treatment of oropharyngeal candidiasis). View the complaint here.
Novartis Pharmaceuticals Corp. v. Apotex, Inc. et al.
2:15-cv-03634; filed May 29, 2015 in the District Court of New Jersey
• Plaintiff: Novartis Pharmaceuticals Corp.
• Defendants: Apotex, Inc; Apotex Corp.
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 Apotex's 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 complaint here.
Fresenius Kabi USA, LLC v. Fera Pharmaceuticals, LLC
2:15-cv-03654; filed May 29, 2015 in the District Court of New Jersey
Fresenius Kabi USA, LLC v. Innopharma Licensing, LLC et al.
2:15-cv-03655; filed May 29, 2015 in the District Court of New Jersey
• Plaintiff: Fresenius Kabi USA, LLC
• Defendants: Innopharma Licensing, LLC; Innopharma Licensing, Inc.; Innopharma, LLC; Innopharma, Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 9,006,689 ("Levothyroxine Formulations," issued on April l4, 2015) following a Paragraph IV certification as part of Fera's filing of an ANDA to manufacture a generic version of Fresenius' Levothyroxine Sodium (levothyroxine sodium for injection, used to treat myxedema coma). View the Fera complaint here.
Mylan Pharmaceuticals Inc. v. Janssen Pharmaceuticals, Inc.
2:15-cv-02990; filed May 29, 2015 in the Eastern District of Pennsylvania
Declaratory judgment of invalidity and non-infringement of U.S. Patent No. 8,629,179 ("Methods and Devices for Providing Prolonged Drug Therapy," issued January 14, 2014) in conjunction with Mylan's filing of an ANDA to manufacture a generic version of Alza's Concerta® (methylphenidate hydrochloride, used to treat attention deficit hyperactivity disorder). View the Delaware complaint here. View the complaint here.
Forest Laboratories LLC et al. v. Amneal Pharmaceuticals LLC et al.
1:15-cv-00430; filed May 28, 2015 in the District Court of Delaware
• Plaintiffs: Forest Laboratories LLC; Forest Laboratories Holdings Ltd.
• Defendants: Amneal Pharmaceuticals LLC; Amneal Pharmaceuticals of New York LLC; Amneal Pharmaceuticals Co. India Pvt. Ltd.
Infringement of U.S. Patent No. 5,763,476 ("Sublingual or Buccal Pharmaceutical Composition," issued June 9, 1998) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of Forest's Saphris® (asenapine maleate, sublingual, used to treat schizophrenia and manic or mixed episodes associated with bipolar I disorder). View the complaint here.
Warner Chilcott Co., LLC v. Amneal Pharmaceuticals LLC
3:15-cv-03590; filed May 28, 2015 in the District Court of New Jersey
Infringement of U.S. Patent No. 6,667,050 ("Chewable Oral Contraceptive," issued December 23, 2003) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of Warner Chilcott's Minastrin® 24 Fe (ethinyl estradiol and norethindrone acetate, used for oral contraception). View the complaint here.
