Court Report - September 16, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP
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[author: Sherri Oslick]

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

Genetic Technologies Ltd. v. Genesis Genetics Institute, LLC
2:12-cv-14080; filed September 13, 2012 in the Eastern District of Michigan

Infringement of U.S. Patent No. 5,612,179 ("Intron Sequence Analysis Method for Detection of Adjacent Locus Alleles as Haplotypes," issued March 18, 1997) based on Genesis' manufacture, use, sale, and offer for sale of preimplantation genetic diagnosis services.  View the complaint here.

Avanir Pharmaceuticals Inc. v. Actavis South Atlantic LLC et al.
1:12-cv-01122; filed September 12, 2012 in the District Court of Delaware

• Plaintiff:  Avanir Pharmaceuticals Inc.
• Defendants:  Actavis South Atlantic LLC; Actavis Inc.

Avanir Pharmaceuticals Inc. v. Par Pharmaceutical Inc. et al.
1:12-cv-01123; filed September 12, 2012 in the District Court of Delaware

• Plaintiff:  Avanir Pharmaceuticals Inc.
• Defendants:  Par Pharmaceutical Inc.; Par Pharmaceutical Companies Inc.

Avanir Pharmaceuticals Inc. v. Watson Pharmaceuticals Inc. et al.
1:12-cv-01124; filed September 12, 2012 in the District Court of Delaware

• Plaintiff:  Avanir Pharmaceuticals Inc.
• Defendants:  Watson Pharmaceuticals Inc.; Watson Laboratories Inc.; Watson Pharma Inc.

Avanir Pharmaceuticals Inc. v. Wockhardt Ltd. et al.
1:12-cv-01125; filed September 12, 2012 in the District Court of Delaware

• Plaintiff:  Avanir Pharmaceuticals Inc.
• Defendants:  Wockhardt Ltd.; Wockhardt USA LLC

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 8,227,484 ("Pharmaceutical Compositions Comprising Dextromethorphan and Quinidine for the Treatment of Neurological Disorder," issued July 24, 2012) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Avanir's Nuedexta® (dextromethorphan hydrobromide/quinidine sulfate, used to treat pseudobulbar affect).  View the Actavis complaint here.

Braintree Laboratories, Inc. v. Cypress Pharmaceutical, Inc.
1:12-cv-06851; filed September 11, 2012 in the Southern District of New York

Infringement of U.S. Patent No. 6,946,149 ("Salt Solution for Colon Cleansing," issued September 20, 2005) following a Paragraph IV certification as part of Cypress' filing of an ANDA to manufacture a generic version of Braintree's Suprep® (sodium sulfate, potassium sulfate and magnesium sulfate osmotic laxative, used for bowel cleansing prior to an adult patient having a colonoscopy procedure).  View the complaint here.

Otsuka Pharmaceutical Co., Ltd. v. Apotex Corp. et al.
3:12-cv-05645; filed September 10, 2012 in the District Court of New Jersey

• Plaintiff:  Otsuka Pharmaceutical Co., Ltd.
• Defendants:  Apotex Corp.; Apotex Inc.

Infringement of U.S. Patent Nos. 6,977,257 ("Aripiprazole Oral Solution," issued December 20, 2005) and 5,006,528 ("Carbostyril Derivatives," issued April 9, 1991) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Otsuka's Abilify® (aripiprazole, used to treat bipolar disorder and schizophrenia).  View the complaint here.

Purdue Pharmaceutical Products L.P. et al. v. Novel Laboratories, Inc.
2:12-cv-05650; filed September 10, 2012 in the District Court of New Jersey

• Plaintiffs:  Purdue Pharmaceutical Products L.P.; Purdue Pharma L.P.; Transcept Pharmaceuticals, Inc.
• Defendant:  Novel Laboratories, Inc.

Infringement of U.S. Patent No. 7,682,628 ("Compositions for Delivering Hypnotic Agents Across the Oral Mucosa and Methods of Use Thereof," issued March 23, 2010) following a Paragraph IV certification as part of Novel's filing of an ANDA to manufacture a generic version of Purdue's Intermezzo® (sublingual zolpidem tartrate, used to treat insomnia when middle-of-the-night awakening is followed by difficulty returning to sleep).  View the complaint here.

Upsher-Smith Laboratories, Inc. v. Auxilium Pharmaceuticals, Inc. et al.
2:12-cv-05648; filed September 10, 2012 in the District Court of New Jersey

• Plaintiff:  Upsher-Smith Laboratories, Inc.
• Defendants:   Auxilium Pharmaceuticals, Inc.; FCB I LLC

Declaratory judgment of non-infringement and/or invalidity of U.S. Patent Nos. 7,608,605 ("Pharmaceutical Composition," issued October 27, 2009), 7,608,606 (same title, issued October 27, 2009), 7,608,607 (same title, issued October 27, 2009), 7,608,608 (same title, issued October 27, 2009), 7,608,609 (same title, issued October 27, 2009), 7,608,610 (same title, issued October 27, 2009), 7,935,690 (same title, issued May 3, 2011), and 8,063,029 (same title, issued November 22, 2011) in conjunction with Upsher Smith's filing of an ANDA to manufacture a generic version of Auxilium's Testim® (transdermal testosterone gel, used to treat hypogonadism in men).  View the complaint here.

Salix Pharmaceuticals Inc. et al. v. Lupin Ltd. et al.
1:12-cv-02708; filed September 10, 2012 in the District Court of Maryland

• Plaintiffs:  Salix Pharmaceuticals Inc.; Falk Pharma GmbH
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals Inc.

Salix Pharmaceuticals Inc. et al. v. Lupin Ltd. et al.
1:12-cv-01104; filed September 7, 2012 in the District Court of Delaware

• Plaintiffs:  Salix Pharmaceuticals Inc.; Dr. Falk Pharma GmbH
• Defendants:  Lupin Ltd.; Lupin Pharmaceuticals Inc.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent No. 6,551,620 ("Pellet Formulation for the Treatment of the Intestinal Tract," issued April 22, 2003) following a paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Salix's Apriso® (mesalamine, used for the maintenance of remission of ulcerative colitis in adults).  View the Delaware complaint here.

Novartis Pharmaceuticals Corp. v. Apotex Inc. et al.
2:12-cv-05574; filed September 6, 2012 in the District Court of New Jersey

• Plaintiff:  Novartis Pharmaceuticals Corp.
• Defendants:  Apotex Inc.; Apotex Corp.

Infringement of U.S. Patent No. 6,162,802 ("Synergistic Combination Therapy Using Benazepril and Amlodipine for the Treatment of Cardiovascular Disorders and Compositions Therefor," issued December 19, 2000) following a paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Novartis' Lotrel® (amlodipine besylate/benazepril hydrochloride, used to treat hypertension).  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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