Court Report Supplement - September 20, 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.

Merck & CIE et al. v. Macoven Pharmaceuticals et al.
6:12-cv-27; filed January 19, 2012 in the Eastern District of Texas

• Plaintiffs:  Merck & Cie; South Alabama Medical Science Foundation; Pamlab LLC
• Defendants:  Macoven Pharmaceuticals; Gnosis S.p.A; Gnosis USA Inc.; Gnosis Bioresearch SA

Infringement of U.S. Patent Nos. 5,997,915 ("Compositions for Human and Animal Consumption Containing Reduced Folates and Methods for Making and Using Same," issued December 7, 1999), 6,254,904 ("Food and Vitamin Preparation Containing the Natural Isomer of Reduced Folates," issued July 3, 2001), 6,673,381 ("Use for Food and Vitamin Preparations Containing the Natural Isomer of Reduced Folates," issued January 6, 2004), 7,172,778 ("Food and Vitamin Preparations Containing the Natural Isomers of Reduced Folates," issued February 6, 2007), 7,674,490 ("Food and Vitamin Preparations Containing the Natural Isomer of Reduced Folates," issued March 9, 2010), 6,011,040 ("Use of Tetrahydrofolates in Natural Stereoisomeric Form for the Production of a Pharmaceutical Preparation Suitable for Influencing the Homocysteine Level, Particularly for Assisting the Remethylation of Homocysteine," issued January 4, 2000) based on the Defendants' importation, practice, manufacture, sale, and offer for sale of certain products, including: Vitaciric-B, ALZ-NAC, L-methylfolate PNV DHA, and L-methylfolate calcium (7.5 mg and 15 mg).  View the complaint here.

Bayer CropScience AG et al. v. Dow AgroScieces LLC et al.
2:12-cv-47; filed January 20, 2012 in the Eastern District of Virginia

• Plaintiffs:  Bayer CropScience AG; Bayer CropScience NV
• Defendants:  Dow AgroSciences LLC; Mycogen Plant Science, Inc.; Agrigenetics, Inc. (d/b/a Mycogen Seeds, LLC); PhytoGen Seed Company, LLC

Infringement of U.S. Patent Nos. 5,561,236 ("Genetically Engineered Plant Cells and Plants Exhibiting Resistance to Glutamine Synthase Inhibitors, DNA Fragments and Recombinants for Use in the Production of Said Cells and Plants," issued October 1, 1996), 5,646,024 (same title, issued July 8, 1997), 5,648,477 (same title, issues July 15, 1997 and 7,112,665 (same title, issued September 26, 2006) based on the Defendants' development, manufacture, use, sale, offer for sale, and distribution of transgenic dicotyledonous plant cells and/or seeds.  View the complaint here.

ThermoLife Int'l LLC v. Pure Assay Ingredients, Inc.
2:12-cv-144; filed January 20, 2012 in the District of Arizona

Infringement, inducement of infringement, and contributory infringement of U.S. Patent No. 7,777,074 ("Amino Acid Compounds," issued August 17, 2010) based on the Defendant's importation, manufacture, use, and sale of Citrulline Nitrate for use in dietary supplements.  View the complaint here.

Gevo, Inc. v. Butamax Advanced Biofuels LLC et al.
2:12-cv-2012; filed August 13, 2012 in the Eastern District of Texas

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

Infringement of U.S. Patent No. 8,101,808 ("Recovery of Higher Alcohols from Dilute Aqueous Solutions," issued on January 24, 2012) based on the Defendants' production of a C3-C6 alcohol, including isobutanol.  View the complaint here.

Nutramax Laboratories, Inc. v. Vets Plus, Inc. (d/b/a
1:12-cv-300; filed on January 31, 2012 in the District of Maryland

• Plaintiffs:  Nutramax Laboratories, Inc.
• Defendants:  Vets Plus, Inc. (d/b/a

Infringement of Patent No. 6,797,289 ("Use of Anabolic Agents, Anti-Catabolic Agents, Antioxidant Agents, and Analgesics for Protection, Treatment and Repair of Connective Tissues in Humans and Animals," issued on September 28, 2004) based on Defendant's manufacture, use, sale, or offer for sale of certain products, including Cosequin®ASU and Cosequin®ASU+.  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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