Court Report Supplement -- December 03, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP

[author: Ann Palma]

Gavel About Court Report Supplement:  Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column.

TriPharma, LLC v. First Fruits Business Ministry LLC et al.
8:12-cv-404; filed March 14, 2012 in the Central District of California

• Plaintiff:  TriPharma, LLC
• Defendants:  First Fruits Business Ministry LLC; First Fruits Beverage Co., LLC; Roger J. Catarino

Numerous counts related to the Plaintiff's Exclusive Marketing Agreement directed to U.S. Patent No. 6,800,892 ("Methods to Reduce Body Fat," issued May 31, 2005), which covers methods and compositions for reducing the percentage of body fat in a mammal and the level of leptin in the bloodstream of a mammal, based on the Defendants' market and sale of products covered by the '892 patent, including TrimFit.  View the complaint here.

Lycored Corp. et al. v. U.S. Nutraceuticals LLC et al.
2:2012-cv-01695; filed March 19, 2012 in the District of New Jersey

• Plaintiffs:  Lycored Corp.; Lycored Ltd.
• Defendants:  U.S. Nutraceuticals LLC (d/b/a Valensa International); E.I.D. Parry (India) Ltd.; Parry Phytoremedies Pvt. Ltd.

Infringement of U.S. Patent Nos. 6,515,018 ("Synergistic Compositions for Lycopene and Vitamin E for the Prevention of LDL Oxidation," issued February 4, 2003), 5,837,311 ("Industrial Processing of Tomatoes and Product Thereof," issued November 17, 1998), and 5,965,183 ("Stable Lycopene Concentrates and Process for Their Preparation," October 12, 1999) based on Defendants' manufacture, use, offers for sale, sale, and importation of tomato lycopene products, including tomato lycopene beadlets, tomato lycopene oil, and tomato lycopene cold water dispersible powder. View the complaint here.

Trustees of Columbia University in the City of New York v. Illumina, Inc.
1:12-cv-00376; filed March 26, 2012 in the District of Delaware

Infringement of U.S. Patent Nos. 7,635,578 ("Massive Parallel Method for Decoding DNA and RNA," issued December 22, 2009), 7,713,698 ("Massive Parallel Method for Decoding DNA and RNA," issued May 11, 2010), 7,790,869 ("Massive Parallel Method for Decoding DNA and RNA," issued September 7, 2010), 7,883,869 ("Four-Color DNA Sequencing by Synthesis Using Cleavable Fluorescent Nucleotide Reversible Terminators," issued February 8, 2011), and 8,088,575 ("Massive Parallel Method for Decoding DNA and RNA," issued January 3, 2012), based on Illumina's manufacture, use, offer for sale, sale, and importation of next-generation-sequencing ("NGS") products that use NGS technologies, including NGS instruments (HiSeq 2500/1500, Hi Seq 2000/1000, Genome Analyzer Ilx, MiSeq Personal Sequencer, and HiScanSQ products), kits and reagents (TruSeq SBS Kit v3-HS, TruSeq SBS Kit v5-GA, and MiSeq Reagent Kit products), and services (Illumina Genome Network, Illumina Certified Service Provider (CSPro) Program, and the Individual Genome Sequencing (IGS) services).  View the complaint here.

PerkinElmer Health Sciences, Inc. v. Agilent Technologies, Inc.
1:12-cv-10562; filed March 28, 2012 in the District of Massachusetts

Infringement of U.S. Patent Nos. 5,686,726 ("Composition of Matter of a Population of Multiply Charged Ions Derived from Polyatomic Parent Molecular Species," issued November 11, 1997) and 5,581,080 ("A Method for Determining Molecular Weight Using Multiply Charged Ions," issued December 3, 1996) based on Agilent's manufacture, use, sale, offers for sale, and/or importation of mass spectrometers and electrospray ion sources, including Agilent's 6100 Series Quadrupole, 6200 Series TOF, 6300 Series Ion Trap, 6400 Series Triple Quad and 6500 Series Q-TOF models.  View the complaint here.

William M. Yarbrough Foundation et al. v. Frank Turrentine et al.
1:2012-cv-318; filed March 30, 2012 in the Western District of Michigan

• Plaintiffs:  The William M. Yarbrough Foundation; Zanfel Laboratories, Inc.
• Defendants:  Frank Turrentine; Phoenix Industries, Inc.

Infringement of U.S. Patent Nos. 7,008,963 ("Urushiol Induced Contact Dermatitis Solution," issued March 7, 2006) and 6,423,746 ("Urushiol Induced Contact Dermatitis and Method of Use," issued July 23, 2002) based on the Defendants' manufacture, use, offers for sale, and/or sale of products indicated for the treatment of poison ivy, oak, and sumac with an aqueous topical composition.  View the complaint here.

Gevo, Inc. v. Butamax™ Advanced Biofuels LLC et al.
1:12-cv-448; filed April 10, 2012 in the District Court of Delaware

• Plaintiff:  Gevo, Inc.
• Defendants:  Butamax™ Advanced Biofuels; E.I. DuPont de Nemours and Co.

Infringement of U.S. Patent No. 8,153,415 ("Reduced By-Product Accumulation for Improved Production of Isobutanol," issued April 10, 2012) based on the Defendants' manufacture of recombinant isobutanol-producing microorganisms. 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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