Court Report - Part III - April 19, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP

[author: Sherri Oslick]

Gavel In an effort to catch up with recently filed biotech and pharma cases, Patent Docs presents this additional installment of Court Report.

AR Holding Co. Inc. v. Par Pharmaceutical Inc.
1:12-cv-00419; filed April 4, 2012 in the District Court of Delaware

Infringement of U.S Patent Nos. 7,619,004 ("Methods for Concomitant Administration of Colchicine and Macrolide Antibiotics," issued November 17, 2009), 7,601,758 ("Methods for Concomitant Administration of Colchicine and Macrolide Antibiotics in the Treatment of Gout Flares," issued October 13, 2009), 7,820,681 ("Methods for Concomitant Administration of Colchicine and a Second Active Agent," issued October 26, 2010), 7,915,269 (same title, issued March 29, 2011), 7,964,647 ("Colchicine Compositions and Methods," issued June 21, 2011), 7,964,648 ("Methods for Concomitant Administration of Colchicine and a Second Active Agent," issued June 21, 2011), 7,981,938 ("Colchicine Compositions and Methods," issued July 19, 2011), 8,093,296 ("Methods for Concomitant Administration of Colchicine and Macrolide Antibiotics," issued January 10, 2012), 8,093,297 ("Methods for Concomitant Administration of Colchicine and a Second Active Agent," issued January 10, 2012), and 8,097,655 ("Methods for Concomitant Administration of Colchicine and Macrolide Antibiotics," issued January 17, 2012) following Par's filing of an ANDA to manufacture a generic version of Mutual's Colcrys® (single-ingredient colchicine product, used to prevent and treat gout flares).  View the complaint here.

Teva Pharmaceuticals USA, Inc. et al. v. Synthon Pharmaceuticals, Inc. et al.
5:12-cv-00179; filed April 4, 2012 in the Eastern District of North Carolina

• Plaintiffs:  Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd.; Teva Neuroscience, Inc.; Yeda Research and Development Co. Ltd.
• Defendants:  Synthon Pharmaceuticals, Inc.; Synthon Holding B.V.; Synthon B.V.; Synthon s.r.o.

Infringement of U.S. Patent Nos. 7,199,098 ("Copolymer-1 Improvements in Compositions of Copolymers," issued April 3, 2007), 6,939,539 (same title, issued September 6, 2005), 6,054,430 (same title, issued April 25, 2000), 6,620,847 (same title, issued September 16, 2003), 5,981,589 (same title, issued November 9, 1999), 6,342,476 (same title, issued January 29, 2002), and 6,362,161 (same title, issued March 26, 2002), all licensed to Teva, following a Paragraph IV certification as part of Synthon's filing of an ANDA to manufacture a generic version of Teva's Copaxone® (glatiramer acetate injection, used for the reduction of frequency of relapses in patients with relapsing-remitting multiple sclerosis).  View the complaint here.

Allergan Sales LLC v. Akorn Inc.
2:12-cv-00175; filed April 4, 2012 in the Eastern District of Texas

Allergan Sales, LLC v. Alcon Research, Ltd. et al.
2:12-cv-00177; filed April 4, 2012 in the Eastern District of Texas

• Plaintiff:  Allergan Sales LLC
• Defendants:  Alcon Research, Ltd.; Alcon Laboratories, Inc.; Alcon Pharmaceuticals Ltd.; Falcon Pharmaceuticals, LTD

Allergan Sales, LLC v. Apotex, Inc. et al.
2:12-cv-00178; filed April 4, 2012 in the Eastern District of Texas

• Plaintiff:  Allergan Sales LLC
• Defendants:  Apotex, Inc.; Apotex Corp.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 8,008,338 ("Ketorolac Tromethamine Compositions for Treating or Preventing Ocular Pain," issued August 30, 2011) based on defendants' manufacture, use, and sale of a generic version of Allergan's Acular LS® (ketorolac tromethamine ophthalmic solution, 0.4%, used for the reduction of ocular pain and burning/stinging following corneal refractive surgery).   View the Akorn complaint here.

Precision BioSciences, Inc. v. Cellectis SA et al.
5:12-cv-00174; filed April 2, 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. 8,148,098 ("Methods of Cleaving DNA with Rationally-Designed Meganucleases," issued April 3, 2012) based on Cellectis' manufacture, use, and sale of meganucleases targeting the HIV1 genome.  View the complaint here.


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McDonnell Boehnen Hulbert & Berghoff LLP

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