Court Report - May 21, 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.

Orion Corp. v. Mylan Pharmaceuticals Inc.
1:12-cv-00523; filed April 26, 2012 in the District Court of Delaware

Infringement of U.S. Patent Nos. 5,446,194 ("Pharmacologically active catechol derivatives," issued August 29, 1995), 6,500,867 ("Pharmaceutical Composition Comprising Entacapone, Levodopa, and Carbidopa," issued December 31, 2002), and 6,797,732 (same title, issued September 28, 2004) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Orion's Stalevo® (marketed by Novartis in the U.S.) (entacapone, levodopa, and carbidopa mixture, used to treat Parkinson's disease).  View the complaint here.

Warner Chilcott Co., LLC et al. v. Ranbaxy, Inc. et al.
2:12-cv-02474; filed April 26, 2012 in the District Court of New Jersey

• Plaintiffs:  Warner Chilcott Co., LLC; Warner Chilcott (US), LLC
• Defendants:  Ranbaxy, Inc.; Ranbaxy Laboratories Ltd.

Infringement of U.S. Patent Nos. 7,645,459 ("Dosage Forms of Bisphosphonates," issued January 12, 2010) and 7,645,460 ("Dosage Forms of Risedronate" issued January 12, 2010) following a Paragraph IV certification as part of Ranbaxy's filing of an ANDA to manufacture a generic version of Warner Chilcott's Atelvia (risedronate sodium delayed-release, used to treat osteoporosis in women after menopause).  View the complaint here.

Otsuka Pharmaceutical Co., Ltd. v. Amneal Pharmaceuticals, LLC. et al.
3:12-cv-02487; filed April 26, 2012 in the District Court of New Jersey

• Plaintiffs:  Otsuka Pharmaceutical Co., Ltd.
• Defendants:  Amneal Pharmaceuticals, LLC.; Amneal Pharmaceuticals of New York, LLC.; Amneal Pharmaceuticals Co. India Private Ltd.

Infringement of U.S. Patent No. 6,977,257 ("Aripiprazole Oral Solution," issued December 20, 2005) following a Paragraph IV certification as part of Amneal's filing of an ANDA to manufacture a generic version of Otsuka's Abilify® (aripiprazole, used to treat bipolar disorder and schizophrenia).  View the complaint here.

Teva Neuroscience, Inc. et al. v. Sandoz Inc.
2:12-cv-02494; filed April 26, 2012 in the District Court of New Jersey

• Plaintiffs:  Teva Neuroscience, Inc.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.
• Defendant:  Sandoz Inc.

Infringement of U.S. Patent No. 5,453,446 ("Use of the R-Enantiomers of N-Propargyl 1-Aminoindan Compounds for Treating Parkinson's Disease," issued September 26, 1995) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Teva's Azilect® (rasagiline mesylate, used to treat idiopathic Parkinson's disease).  View the complaint here.

Exela Pharma Sciences, LLC et al. v. Kappos et al.
1:12-cv-00469; filed April 26, 2012 in the Eastern District of Virginia

• Plaintiffs:  Exela Pharma Sciences, LLC; Exela Pharmsci, Inc.; Exela Holdings, Inc.
• Defendants:  David J. Kappos; United States Patent and Trademark Office

Reversal of the decision made by the U.S. Patent and Trademark Office to refuse to act on Exela's Petition requesting that the USPTO vacate its decision to revive the application leading to U.S. Patent No. 6,992,218 ("Method for Obtaining Aqueous Formulations of Oxidation-Sensitive Active Principles," issued January 31, 2006), which relates to licensee Cadence's Ofirmev® (acetaminophen injection, used for the management of mild to moderate pain, the management of moderate to severe pain with adjunctive opioid analgesics, and the reduction of fevers).  View the complaint here.


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McDonnell Boehnen Hulbert & Berghoff LLP

McDonnell Boehnen Hulbert & Berghoff LLP on:

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