Court Report -- November 18, 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.

New England Biolabs, Inc. et al. v. Enzymatics, Inc.
1:12-cv-12125; filed November 14, 2012 in the District Court of Massachusetts

• Plaintiffs:  New England Biolabs, Inc.; SomaLogic, Inc.; Gilead Sciences, Inc.
• Defendant:  Enzymatics, Inc.

Infringement of U.S. Patent Nos. 5,670,637 ("Nucleic Acid Ligands," issued September 23, 1997) and 5,874,557 ("Nucleic Acid Ligand Inhibitors to DNA Polymerase," issued February 23, 1999) based on Enzymatics' manufacture, use, offers for sale, and sale of various DNA polymerases, including, Taq DSC 2.0 DNA Polymerase.  View the complaint here.

Angros v. Ventana Medical Systems Inc.
5:12-cv-01262; filed November 14, 2012 in the Western District of Oklahoma

Infringement of U.S. Patent Nos. 7,476,362 ("In Situ Heat Induced Antigen Recovery and Staining Apparatus and Method," issued January 13, 2009), 7,632,461 (same title, issued December 15, 2009), 8,007,720 (same title, issued August 30, 2011), 8,007,721 (same title, issued August 30, 2011), 8,052,927 (same title, issued November 8, 2011), 8,071,023 (same title, issued December 6, 2011), and 8,092,742 (same title, issued January 10, 2012) based on Ventana's manufacture, use, offers for sale, and sale of products embodying the patented inventions.  View the complaint here.

Merck Sharp & Dohme Corp. et al. v. APP Pharmaceuticals Inc. et al.
1:12-cv-01410; filed November 9, 2012 in the District Court of Delaware

• Plaintiffs:  Merck Sharp & Dohme Corp.; Millennium Pharmaceuticals Inc.
• Defendants:  APP Pharmaceuticals Inc.; APP Pharmaceuticals LLC; Fresenius Kabi Pharmaceuticals Holding Inc.; Fresenius Kabi USA Inc.; Fresenius Kabi USA LLC

Infringement of U.S. Patent Nos. 5,807,825 ("Platelet Aggregation Inhibitors," issued September 15, 1998), 5,747,447 ("Stable Polypeptide Composition," issued May 5, 1998) and 5,968,902 ("Platelet Aggregation Inhibitors," issued October 19, 1999), licensed to Merck, following a Paragraph IV certification as part of APP's filing of an ANDA to manufacture a generic version of Merck's Integrilin® (eptifibatide injection, used to treat acute coronary syndrome).  View the complaint here.

Ferring B.V. v. Watson Pharmaceuticals, Inc. et al.
2:12-cv-01935; filed November 9, 2012 in the District Court of Nevada

• Plaintiff:  Ferring B.V.
• Defendants:  Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.; Watson Laboratories, Inc. – Florida; Watson Pharma, Inc.

Ferring B.V. v. Apotex, Inc. et al.
2:12-cv-01941; filed November 9, 2012 in the District Court of Nevada

• Plaintiff:  Ferring B.V.
• Defendants:  Apotex, Inc.; Apotex Corp.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 8,273,795 ("Tranexamic Acid Formulations," issued September 25, 2012) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Ferring's Lysteda® (tranexamic acid, used to treat heavy menstrual bleeding).  View the Watson complaint here.

Exelixis, Inc. v. Kappos
1:12-cv-01284; filed November 9, 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. 8,178,532 ("c-Met Modulators and Method of Use," issued May 15, 2012).  View the complaint here.

AbbVie Inc. et al. v. Watson Pharmaceuticals Inc. et al.
1:12-cv-01409; filed November 8, 2012 in the District Court of Delaware

• Plaintiffs:  AbbVie Inc.; Abbott Respiratory LLC
• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc. – Florida; Watson Pharma Inc.

Infringement of U.S. Patent Nos. 6,080,428 ("Nicotinic Acid Compositions for Treating Hyperlipidemia and Related Methods Therefor," issued June 27, 2000) and 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) following a Paragraph IV certification as part of Watson'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.


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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