Court Report Supplement - November 1, 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.

W.H.P.M., Inc. v. BiotechPharma, LLC et al.
1:12-cv-137; filed February 10, 2012 in the Eastern District of Virginia

• Plaintiff:  W.P.H.M., Inc.
• Defendants:  BiotechPharma, LLC and Raouf A. Guirguis

Infringement of U.S. Patent No. 7,927,562 ("Collection and Assay Device for Biological Fluid," issued April 19, 2011) based on BiotechPharma's manufacture, use, sale, and offers for sale of its products for drug testing and identity verification, including the "BTP tube device" or "DRG-SA06 Drug Testing & Identity Verification System."  View complaint here.

Lonza Walkersville, Inc. v. Hyglos GmbH
1:2012-cv-602; filed February 4, 2012 in the District of Maryland

Infringement of U.S. Patent Nos. 5,716,834 ("Cloned Factor C cDNA of the Singapore Horseshoe Crab, Carcinoscorpius Rotundicauda and Purification of Factor C Proenzyme," issued February 10, 1998), 5,712,144 (same title, issued on January 27, 1998), 5,858,706 ("Expression of Carcinoscorpius Rotundicauda Factor C in Eukaryotes," issued on January 12, 1999), 5,985,590 (same title, issued on November 16, 1999), and 6,645,724 ("Assays for Endotoxin," issued on November 11, 2003) based on Hyglos GmbH's manufacture, use, offers for sale, sale, and importation of products that contain endotoxin detection assays, including EndoLISA®, or that contain an affinity matric for removal of bacterial endotoxins from solutions, including EndoTRAP®.  View the complaint here.

ArcticDX, Inc. et al v. Sequenom, Inc. et al.
2:12-cv-00081; filed February 29, 2012 in the Eastern District of Texas

• Plaintiffs:  ArcticDx, Inc.; ArcticA, Inc.; ArticAx US Ltd.
• Defendants:  Sequenom, Inc.; Sequenom Center for Molecular Medicine, LLC

Infringement of U.S. Patent No. 8,114,592 ("Genetic Markers Associated with Age-Related Macular Degeneration, Methods of Detection and Uses Thereof," issued February 14, 2012) based on Sequenom's use, sale, and offer for sale of genetic diagnostic products, including RetnaGene®.  Declaratory Judgment of noninfringement and invalidity of U.S. Patent Nos. 8,053,190 ("Susceptibility Genes for Age-Related Maculopathy (ARM) on Chromosome 10q26," issued November 8, 2011), 7,867,727 ("Methods and Reagents for Treatment and Diagnosis of Vascular Disorders and Age-Related Macular Degeneration," issued January 11, 2011), 7,695,909 ("Susceptibility Genes for Age-Related Maculopathy (ARM) on Chromosome 10q26," issued on April 13, 2010), 7,351,524 ("Diagnostics and Therapeutics for Macular Degeneration-Related Disorders," Issued on April 1, 2008) or 8,088,579 ("Complement Factor H for Diagnosis of Age-Related Macular Degeneration," issues January 3, 2012) based on Arctic's manufacture, use, or sale of products for genetic diagnostics, including Macula Risk®.  View the complaint here.

XY, LLC v. Trans Ova Genetics, LC
5:12-cv-208; filed March 5, 2012 in the Southern District of Western District of Texas

Infringement of U.S. Patent Nos. 7,820,425 ("Method of Cryopreserving Selected Sperm Cells," issued on October 26, 2010), 6,357,307 ("System and Method of Flow Cytometry and Sample Handling," issued on March 19, 2002), 6,604,435 ("Low Acceleration Method of Flow Cytometry," issued on August 12, 2003), 6,782,768 ("Flow Cytometer Nozzle," issued on August 31, 2004), 6,263,745 ("Flow Cytometer Nozzle and Flow Cytometer Sample Handling Methods," issued on July 24, 2001), 7,713,687 ("System to Separate Frozen-Thawed Spermatozoa Into X-Chromosome Bearing and Y-Chromosome Bearing Populations," issued on May 11, 2010), 7,771,921 ("Separation systems of Frozen-Thawed Spermatozoa into X-Chromosome Bearing and Y-Chromosome Bearing populations," issued on August 10, 2010), 6,149,867 ("Sheath Fluids and Collection Systems for Sex-Specific Cytometer Sorting of Sperm," issued on November 21, 2000), 6,524,860 ("Methods for Improving Sheath Fluids and Collection Systems for Sex-Specific Cytometer Sorting of Sperm," issued on February 25, 2003), and 7,195,920 ("Collection Systems for Cytometer Sorting of Sperm," issued on March 27, 2007) based on Defendant's use of flow cytometers (or other similar apparatuses) for sex selection of sperm cells and the sale of semen produced using such apparatuses, in addition to Defendant's use of flow cytometry-based sex selection protocols and procedures.  View the complaint here.

Proprietary Wellness, LLC v. Primordial Performance, LLC
4:12-cv-11072; filed March 9, 2012 in the Eastern District of Michigan

Infringement of U.S. Patent No. 8,084,446 ("Use of DHEA Derivatives for Enhancing Physical Performance," issued on December 27, 2011) based on Defendant's manufacture, use, offer for sale, sale, and importation of products or processes containing 4-DHEA or Andosterone and its esters, in addition to claims of breach of license agreements, unjust enrichment, quantum merit, and tortious interference. View the complaint here.

Butamax™ Advanced Biofuels LLC v. Gevo, Inc.
12-cv-298; filed March 12, 2012 in the Eastern District of Delaware

Infringement of U.S. Patent No. 8,129,162 ("Ketol-Acid Reductoisomerase Using NADH," issued on March 6, 2012) based on Defendant's manufacture and use of recombinant microorganisms comprising mutant ketol-acid reductoisomerase enzymes.  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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