Court Report - Part II - March 28, 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.

United Therapeutics Corp. v. Sandoz, Inc.
3:12-cv-01617; filed March 14, 2012 in the District Court of New Jersey

Infringement of U.S. Patent Nos. 5,153,222 ("Method of Treating Pulmonary Hypertension with Benzidine Prostaglandins," issued October 6, 1992), 6,765,117 ("Process for Stereoselective Synthesis of Prostacyclin Derivatives," issued July 20, 2004), and 7,999,007 ("Buffer Solutions Having Selective Bactericidal Activity Against Gram Negative Bacteria," issued August 16, 2011) following a Paragraph IV certification as part of Sandoz's filing of an ANDA to manufacture a generic version of United's Remodulin® (treprostinil sodium injection, used to treat pulmonary arterial hypertension).  View the complaint here.

Forest Laboratories, Inc. et al v. Indchemie Health Specialties PVT. LTD. et al.
1:12-cv-01855; filed March 14, 2012 in the Northern District of Illinois

• Plaintiffs:  Forest Laboratories, Inc.; Forest Laboratories Holdings, LTD.; Janssen Pharmaceutica, N.V.
• Defendants:  Indchemie Health Specialties PVT. LTD.; Alkem Laboratories, Ltd.

Forest Laboratories Inc. et al v. Torrent Pharmaceuticals Ltd. et al.
1:12-cv-00305; filed March 13, 2012 in the District Court of Delaware

• Plaintiffs:  Forest Laboratories Inc.; Forest Laboratories Holdings Ltd.; Janssen Pharmaceutica N.V.
• Defendants:  Torrent Pharmaceuticals Ltd.; Torrent Pharma Inc.; Watson Laboratories Inc.; Watson Laboratories Inc.; Watson Laboratories Inc.; Watson Laboratories Inc.; Watson Pharma Inc.; Watson Pharmaceuticals Inc.; Amerigen Pharmaceuticals Inc.; Amerigen Pharmaceuticals Ltd.; Glenmark Generics Inc.; Glenmark Generics Inc USA; Glenmark Generics Ltd.; Glenmark Pharmaceuticals Ltd.; Hetero USA Inc.; Hetero Labs Ltd.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 6,545,040 ("Method of Lowering the Blood Pressure," issued April 8, 2003) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Forest's Bystolic® (nebivolol hydrochloride, used to treat hypertension).  View the Torrent complaint here.

Precision BioSciences, Inc. v. Cellectis SA et al.
5:12-cv-00124; filed March 13, 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. 8,133,697 ("Methods of Cleaving DNA with Rationally-Designed Meganucleases," issued March 13, 2012) based on Cellectis' manufacture, use, and sale of engineered I-CreI meganucleases.  View the complaint here.

Allergan, Inc. v. Apotex Inc., et al.
1:12-cv-00247; filed March 13, 2012 in the Middle District of North Carolina

• Plaintiff:  Allergan, Inc.
• Defendants:  Apotex Inc.; Apotex Corp.; Sandoz, Inc.; Hi-Tech Pharmacal Co., Inc.

Infringement of U.S. Patent Nos. 8,038,988 ("Method of Enhanced Hair Growth," issued October 18, 2011) and 8,101,161 (same title, issued  January 24, 2012) based on defendants' 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.


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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