Court Report -- October 20, 2013

by McDonnell Boehnen Hulbert & Berghoff LLP

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

University of Utah Research Foundation et al. v. GeneDX
2:13-cv-00954; filed October 16, 2013 in the District Court of Utah

• Plaintiffs:  University of Utah Research Foundation; Trustees of the University of Pennsylvania; HSC Research and Development Limited Partnership; Endorecherche; Myriad Genetics
• Defendant:  GeneDX

Infringement of U.S. Patent Nos. 5,709,999 ("Linked Breast and Ovarian Cancer Susceptibility Gene," issued January 20, 1998), 5,747,282 ("17Q-Linked Breast and Ovarian Cancer Susceptibility Gene," issued May 5, 1998), 5,753,441 (same title, issued May 19, 1998), 5,837,492 ("Chromosome 13-Linked Breast Cancer Susceptibility Gene," issued November 17, 1998), 6,033,857 (same title, issued March 7, 2000), 5,654,155 ("Consensus sequence of the human BRCA1 gene," issued August 5, 1997), 5,750,400 ("Coding sequences of the human BRCA1 gene," issued May 12, 1998), 6,051,379 ("Cancer Susceptibility Mutations of BRCA2," issued April 18, 2000), 6,951,721 ("Method for Determining the Haplotype of a Human BRCA1 Gene," issued October 4, 2005), 7,250,497 ("Large Deletions in Human BRCA1 Gene and Use Thereof," issued July 31, 2007), 7,470,510 ("Methods for Diagnosing Cancer and Determining a Susceptibility for Developing Cancer," issued December 30, 2008), 7,622,258 ("Screening Methods and Sequences Relating Thereto," issued November 24, 2009), 7,838,237 (same title, issued November 23, 2010), 7,670,776 ("MYH Gene Variants and Use Thereof," issued March 2, 2010), 7,563,571 (same title, issued July 21, 2009), and 6,083,698 ("Cancer Susceptibility Mutations of BRCA1," issued July 4, 2000) based on GeneDX's manufacture, use, and sale of its BRCA1 and BRCA2 Sequencing and Deletion Duplication Analysis, BRCA1 and BRCA2 Ashkenazi Founder Mutation, Comprehensive Cancer Panel, Breast/Ovarian Cancer Panel, Pancreatic Cancer Panel, Colorectal Cancer Panel, and Endometrial Cancer Panel products.  View the complaint here.

St. Jude Children's Research Hospital, Inc. v. Xcovery Holding Company LLC
3:13-cv-01143; filed October 15, 2013 in the Middle District of Tennessee

St. Jude Children's Research Hospital, Inc. v. Novartis Pharmaceuticals Corp.
2:13-cv-02802; filed October 11, 2013 in the Western District of Tennessee

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 5,529,925 ("Nucleic Acid Sequences and Fusion Proteins Present in Human T(2;5) Lymphoma," issued June 25, 1996), 5,770,421 ("Human ALK Protein Tyrosine Kinase," issued June 23, 1998), and 6,696,548 ("Antibodies for Recognition of ALK Protein Tyrosine/Kinase Receptor," issued February 24, 2004) in conjunction with defendants' research, development, and evaluation of small molecule tyrosine kinase inhibitors, including, LDK378 (Novartis) and X-396 (Xcovery).  View the Novartis complaint here.

TET Systems GmbH & Co. KG v. ISIS Pharmaceuticals Inc.
1:13-cv-01695; filed October 14, 2013 in the District Court of Delaware

Infringement of U.S. Patent Nos. 5,464,758 ("Tight Control of Gene Expression in Eucaryotic Cells by Tetracycline-Responsive Promoters," issued November 7, 1995) and 6,914,124 ("Tetracycline-Regulated Transcriptional Activator Fusion Proteins," issued July 5, 2005) based in Isis' use of HepAD38 cells and plaintiff's TET System.  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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