Court Report - March 18, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP
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[author: Sherri Oslick]

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

Bayer CropScience AG et al. v. Dow Agrosciences LLC
1:12-cv-00256; filed March 2, 2012 in the District Court of Delaware

• Plaintiffs:  Bayer CropScience AG; Bayer SAS
• Defendant:  Dow Agrosciences LLC

Infringement of U.S. Patent Nos. RE37,287 ("Chimeric Gene for the Transformation of Plants," issued May 27, 1997), RE36,449 (same title, issued April 23, 1996), 6,566,587 ("Mutated 5-Enolpyruvykshikimate-3-Phosphate Synthase, Gene Coding for Said Protein and Transformed Plants Containing Said Gene," issued May 20, 2003), 5,792,930 ("Chimeric Gene for the Transformation of Plants," issued August 11, 1998), 6,362,396 (same title, issued March 26, 2002), 6,313,282 ("Isolated DNA Sequence Which Can Serve as Terminator Region in a Chimeric Gene Capable of Being Used for the Transformation of Plants," issued November 6, 2001), and 6,338,961 ("Isolated DNA Sequence Capable of Serving as Regulatory Element in a Chimeric Gene Which Can Be Used for the Transformation of Plants," issued January 15, 2002) based on Dow's manufacture, use, sale, and offer for sale of glyphosate resistant transgenic plants and/or seeds.  View the complaint here.

Avanir Pharmaceuticals Inc. et al. v. Watson Pharmaceuticals Inc. et al.
1:12-cv-00258; filed March 2, 2012 in the District Court of Delaware

• Plaintiffs:  Avanir Pharmaceuticals Inc.; Avanir Holding Co.; Center for Neurologic Study
• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc.; Watson Pharma Inc.

Infringement of U.S. Patent Nos. 7,659,282 ("Pharmaceutical Compositions Comprising Dextromethorphan and Quinidine for the Treatment of Neurological Disorder," issued February 9, 2010) and RE38,115 ("Dextromethorphan and an Oxidase Inhibitor for Treating Intractable Conditions," issued May 6, 2003) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Avanir's Nuedexta® (dextromethorphan hydrobromide/quinidine sulfate, used to treat pseudobulbar affect).  View the complaint here.

Abbott Laboratories et al. v. Mylan Inc. et al.
1:12-cv-00257; filed March 2, 2012 in the District Court of Delaware

• Plaintiffs:  Abbott Laboratories; Abbott Respiratory LLC
• Defendants:  Mylan Inc.; Mylan Pharmaceuticals Inc.

Infringement of U.S. Patent Nos. 6,080,428 ("Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued June 27, 2000), 6,129,930 ("Methods and Sustained Release Nicotinic Acid Compositions for Treating Hyperlipidemia at Night," issued October 10, 2000), 6,406,715 ("Intermediate Release Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique Urinary Metabolite Profiles," issued June 18, 2002), 6,469,035 ("Methods of Pretreating Hyperlipidemic Individuals with a Flush Inhibiting Agent Prior to the Start of Single Daily Dose Nicotinic Acid Therapy to Reduce Flushing Provoked by Nicotinic Acid," issued October 22, 2002), 6,676,967 ("Methods for Reducing Flushing in Individuals Being Treated with Nicotinic Acid for Hyperlipidemia," issued January 13, 2004), 6,746,691 ("Intermediate Release Nicotinic Acid Compositions for Treating Hyperlipidemia Having Unique Biopharmaceutical Characteristics," issued June 8, 2004), 6,818,229 ("Intermediate Release Nicotinic Acid Compositions for Treating Hyperlipidemia," issued November 16, 2004), 7,011,848 ("Hydrophobic Component Free Sustained Release Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued March 14, 2006), and 7,998,506 ("Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued August 16, 2011) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Abbott's Niaspan® (niacin extended-release tablets, used to treat hypercholesterolemia).  View the complaint here.

Spectrum Pharmaceuticals Inc. et al. v. InnoPharma Inc.
1:12-cv-00260; filed March 2, 2012 in the District Court of Delaware

• Plaintiffs:  Spectrum Pharmaceuticals Inc.; University of Strathclyde
• Defendant:  InnoPharma Inc.

Infringement of U.S. Patent No. 6,500,829 ("Substantially Pure Diastereoisomers of Tetrahydrofolate Derivatives," issued December 31, 2002) following a Paragraph IV certification as part of InnoPharma's filing of an ANDA to manufacture a generic version of Spectrum's Fusilev® (levoleucovorin, used to treat advanced metastatic colorectal cancer).  View the complaint here.

Merck Frosst Canada & Co. et al. v. Dr. Reddy's Laboratories, Ltd. et al.
3:12-cv-01324; filed March 2, 2012 in the District Court of New Jersey

• Plaintiffs:  Merck Frosst Canada & Co.; Merck Canada Inc.; Merck Sharp & Dohme Pharmaceuticals
• Defendants:  Dr. Reddy's Laboratories, Ltd.; Dr. Reddy's Laboratories, Inc.

Infringement of U.S. Patent No. 8,007,830 ("Granule Formation," issued August 30, 2011) following a Paragraph IV certification as part of Dr. Reddy's filing of an ANDA to manufacture a generic version of Merck's Singulair® (montelukast sodium, used to treat asthma and allergic rhinitis).  View the complaint here.

Depomed, Inc. v. Actavis Elizabeth LLC et al.
3:12-cv-01358; filed March 2, 2012 in the District Court of New Jersey

• Plaintiff:  Depomed, Inc.
• Defendants:  Actavis Elizabeth LLC; Actavis, Inc.; Watson Laboratories, Inc. – Florida; Watson Pharmaceuticals, Inc.; Incepta Pharmaceuticals Co. Ltd.; Watson Pharma, Inc.

Infringement of U.S. Patent Nos. 6,340,475 ("Extending the Duration of Drug Release Within the Stomach During the Fed Mode," issued January 22, 2002), 6,488,962 ("Tablet Shapes To Enhance Gastric Retention of Swellable Controlled-Release Oral Dosage Forms," issued December 3, 2002), 6,635,280 ("Extending the Duration of Drug Release Within the Stomach During the Fed Mode," issued October 21, 2003), 6,723,340 ("Optimal Polymer Mixtures for Gastric Retentive Tablets," issued April 20, 2004), 7,438,927 ("Methods of Treatment Using a Gastric Retained Gabapentin Dosage," issued October 21, 2008) and 7,731,989 ("Gastric Retained Gabapentin Dosage Form," issued June 8, 2010) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Depomed's Gralise® (gabapentin, used for the management of postherpetic neuralgia).  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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