Court Report - Part II - April 18, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP

[author: By Sherri Oslick]

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

Allergan, Inc., et al. v. Watson Pharmaceuticals, Inc., et al.
1:12-cv-00321; filed March 30, 2012 in the Middle District of North Carolina

• Plaintiffs:  Allergan, Inc.; Duke University
• Defendants:  Watson Pharmaceuticals, Inc.; Watson Laboratories, Inc.; Watson Pharma, Inc.

Infringement of U.S. Patent Nos. 7,351,404 ("Method of Enhanced Hair Growth," issued April 1, 2008), 7,388,029 ("Compositions and Methods for Treating Hair Loss Using Non-Naturally Occurring Prostaglandins," issued June 17, 2008), 8,038,988 ("Method of Enhanced Hair Growth," issued October 18, 2011), 6,403,649 (""Non-Acidic Cyclopentane Heptanoic Acid,2-Cycloalkyl Or Arylalkyl Derivatives As Therapeutic Agents, issued June 11, 2002), and 8,017,655 ("Non-Acidic Cyclopentane Heptanoic Acid, 2-Cycloalkyl or Arylalkyl Derivatives as Therapeutic Agents," issued  September 13, 2011) based on Watson's filing of an ANDA to manufacture a generic version of Allergan's Latisse® (bimatoprost topical solution/drops, 0.03%, used to treat inadequate or not enough eye lashes).  View the complaint here.

Eagle Pharmaceuticals, Inc. v. Sandoz Inc.
3:12-cv-01938; filed March 30, 2012 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 7,589,106 ("Alcohol Free Formulation of Argatroban," issued September 15, 2009,) and 7,687,516 (same title, issued March 30, 2010) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of Eagle's Argatroban in Sodium Chloride (argatroban 50 mg/ 50 mL, used for prophylaxis or treatment of thrombosis in adult patients with heparin-induced thrombocytopenia and also as an anticoagulant in adult patients with or at risk of heparin-induced thrombocytopenia undergoing percutaneous coronary intervention).  View the complaint here.

Glaxosmithkline PLC et al. v. Hikma Pharmaceutical Co., Ltd. et al.
3:12-cv-01965; filed March 30, 2012 in the District Court of New Jersey

• Plaintiffs:  Glaxosmithkline PLC; Pfizer, Inc.; Encysive Pharmaceuticals, Inc.; Mitsubishi Chemical Corp.; Mitsubishi Tanabe Pharma Corp.
• Defendants:  Hikma Pharmaceutical Co., Ltd.; West-Ward Pharmaceutical Corp.

Infringement of U.S. Patent No. 5,214,052 ("Method for Dissolving Arginineamides and Pharmaceutical Compositions Containing Them," issued May 25, 1993) following a Paragraph IV certification as part of Hikma's filing of an NDA (under  § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic version of GSK's Argatroban Injection (argatroban, used for prophylaxis or treatment of thrombosis in adult patients with heparin-induced thrombocytopenia and also as an anticoagulant in adult patients with or at risk of heparin-induced thrombocytopenia undergoing percutaneous coronary intervention).  View the complaint here.

Otsuka Pharmaceutical Co., Ltd v. Kappos
1:12-cv-00357; filed March 30, 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. 8,030,312 ("5-HT1A Receptor Subtype Agonist," issued October 4, 2011).  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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