Court Report - May 13, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP

[author: Sherri Oslick]

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

Esoterix Genetic Laboratories, LLC v. Life Technologies Corp. et al.
1:12-cv-00411; filed April 26, 2012 in the Middle District of North Carolina

• Plaintiff:  Esoterix Genetic Laboratories, LLC
• Defendants:  Life Technologies Corp.; Applied Biosystems, LLC; Ion Torrent Systems, Inc.

Infringement of U.S. Patent Nos. 5,670,325 ("Method for the Detection of Clonal Populations of Transformed Cells in a Genomically Heterogeneous Cellular Sample," issued September 23, 1997), 5,882,856 ("Universal Primer Sequence for Multiplex DNA Amplification," issued on March 16, 1999), and 6,207,372 (same title, issued March 27, 2001) based on defendants' manufacture and sale of products, kits, and devices used in methods for detecting certain cells, cancer, lesions, or changes in a biological sample or tissue and in the detection and amplification of DNA sequences and related products.  View the complaint here.

Bayer Pharma AG et al. v. Bayer HealthCare Pharmaceuticals Inc. et al.
1:12-cv-00517; filed April 25, 2012 in the District Court of Delaware

• Plaintiffs:  Bayer Pharma AG; Bayer Intellectual Property GmbH; Bayer HealthCare Pharmaceuticals Inc.
• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc.; Watson Pharma Inc.

Infringement of U.S. Patent Nos. 6,362,178 ("2-phenyl Substituted Imidazotriazinones as Phosphodiesterase Inhibitors," issued March 26, 2002) and 7,696,206 (same title, issued April 13, 2010) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of plaintiffs' Staxyn® (vardenafil hydrochloride, used to treat erectile dysfunction).  View the complaint here.

Abbott Laboratories et al. v. Agila Specialties Private Ltd. et al.
1:12-cv-00520; filed April 25, 2012 in the District Court of Delaware

• Plaintiffs:  Abbott Laboratories; Wisconsin Alumni Research Foundation
• Defendants:  Agila Specialties Private Ltd.; Strides Arcolab Ltd.; Strides Inc.

Infringement of U.S. Patent Nos. 6,136,799 ("Cosolvent Formulations," issued October 24, 2000), 6,361,758 (same title, issued March 26, 2002), and 5,597,815 ("Prevention of Hyperphosphatemia in Kidney Disorder Patients," issued January 28, 1997) following a Paragraph IV certification as part of Agila's filing of an ANDA to manufacture a generic version of Abbott's Zemplar® (paricalcitol, used to treat secondary hyperparathyroidism in patients with kidney failure).  View the complaint here.

Precision BioSciences, Inc. v. Cellectis SA et al.
5:12-cv-00219; filed April 24, 2012 in the Eastern District of North Carolina

• Plaintiff:  Precision BioSciences, Inc.
• Defendants:  Cellectis SA; Cellectis bioresearch; Cellectis bioresearch Inc.

Infringement of U.S. Patent No. 8,163,514 ("Methods of Cleaving DNA with Rationally-Designed Meganucleases," issued April 24, 2012) based on Cellectis' manufacture, use, and sale of meganucleases targeting the GS gene in Chinese Hamster Ovary cells, meganucleases targeting the HPRT gene in Chinese Hamster Ovary cells, and menganucleases targeting the HIV1 genome.  View the complaint here.

OSI Pharmaceuticals, LLC et al. v. Roxane Laboratories, Inc.
2:12-cv-02384; filed April 20, 2012 in the District Court of New Jersey

• Plaintiffs:  OSI Pharmaceuticals, LLC; Pfizer, Inc.; Genentech, Inc.
• Defendant:  Roxane Laboratories, Inc.

Infringement of U.S. Patent Nos. RE41,065 ("Alkynyl and Azido-Substituted 4-Anilinoquinazoline," issued May 5, 1998), 6,900,221 ("Stable Polymorph on N-(3-Ethynylpheny1)-6, 7-Bis(2MethoxyEthoxy)-4-Quinazolinamine Hydrochloride, Methods of Production, and Pharmaceutical Uses Thereof," issued May 31, 2005), and 7,087,613 ("Treating Abnormal Cell Growth With A Stable Polymorph on N-(3-Ethynylpheny1)-6,7-Bis(2MethoxyEthoxy)-4-Quinazolinamine Hydrochloride," issued August 8, 2006) following a Paragraph IV certification as part of Roxane's filing of an ANDA to manufacture a generic version of OSI's Tarceva® (erlotinib, used to treat non-small cell lung cancer and advanced pancreatic cancer).  View the complaint here.


Written by:

McDonnell Boehnen Hulbert & Berghoff LLP

McDonnell Boehnen Hulbert & Berghoff LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.