Court Report - April 2015 #3

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

1474971 Ontario, Ltd. v. Allergan, Inc. et al.
1:15-cv-03372; filed April 26, 2015 in the Northern District of Illinois

• Plaintiff:  1474971 Ontario, Ltd.
• Defendants:  Allergan, Inc.; Actavis, PLC.; Allergan Sales, LLC

Infringement of U.S. Patent No. 6,806,251 ("Method of Treating Pain," issued October 19, 2004) based on Allergan's alleged promotion of the use of Botox for the treatment of back pain.  View the complaint here.

Medicis Pharmaceutical Corp. v. Apotex Inc. et al.
1:15-cv-02676; filed April 15, 2015 in the District Court of New Jersey

• Plaintiff:  Medicis Pharmaceutical Corp.
• Defendants:  Apotex Inc.; Apotex Corp.

Infringement of U.S. Patent Nos. 5,908,838 ("Method for the Treatment of Acne," issued June 1, 1999), 7,790,705 ("Minocycline Oral Dosage Forms for the Treatment of Acne," issued September 7, 2010), 7,919,483 ("Method for the Treatment of Acne," issued April 5, 2011), 8,252,776 ("Minocycline Oral Dosage Forms for the Treatment of Acne," issued August 28, 2012), and 8,268,804 ("Method for the Treatment of Acne," issued September 18, 2012) following a Paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Medics' Solodyn® (minocycline hydrochloride extended release tablets, used to treat acne).  View the complaint here.

Sanofi-Aventis U.S. LLC et al. v. Fresenius Kabi USA, LLC
3:15-cv-02631; filed April 13, 2015 in the District Court of New Jersey

• Plaintiffs:  Sanofi-Aventis U.S. LLC; Aventis Pharma S.A.; Sanofi
• Defendant:  Fresenius Kabi USA, LLC

Infringement of U.S. Patent No. 8,927,592 ("Antitumoral Use Of Cabazitaxel," issued January 6, 2015) following a Paragraph IV certification as part of Fresenius' filing of an ANDA and an NDA (under § 505(b)(2) of the Food, Drug and Cosmetic Act) to manufacture a generic version of Sanofi's Jevtana® (cabazitaxel injection, used in combination with prednisone for the treatment of patients with hormonerefractory metastatic prostate cancer previously treated with a docetaxel-containing treatment regimen).  View the Accord complaint here.

Teva Pharmaceuticals USA, Inc. et al. v. Doctor Reddy's Laboratories Ltd. et al.
1:15-cv-00306; filed April 10, 2015 in the District Court of Delaware

• Plaintiffs:  Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd; Teva Neuroscience Inc; Yeda Research and Development Co., Ltd.
• Defendants:  Doctor Reddy's Laboratories Ltd.; Doctor Reddy's Laboratories Inc.; Mylan Pharmaceuticals Inc.; Mylan Inc.; Sandoz Inc.; Momenta Pharmaceuticals Inc.; Synthon Pharmaceuticals Inc.; Synthon B.V.; Synthon s.r.o; Amneal Pharmaceuticals LLC

Infringement of U.S. Patent No. 8,969,302 ("Low Frequency Glatiramer Acetate Therapy," issued on March 3, 2015) in conjunction with defendants' filing of an ANDA to manufacture a generic version of Teva's Copaxone® (glatiramer acetate injection, used for the reduction or frequency of relapses in patients with relapsing-remitting multiple sclerosis).  View the complaint here.

United States Department of Health and Human Services et al. v. Cipla Ltd. et al.
2:15-cv-02571; filed April 10, 2015 in the District Court of New Jersey

• Plaintiffs:  United States Department of Health and Human Services; Board of Trustees of the University of Illinois
• Defendants:  Cipla Ltd.; Cipla USA, Inc.

Infringement of U.S. Patent Nos. 7,470,506 ("Fitness Assay and Associated Methods," issued December 30, 2008) and 8,597,876 ("Method of Treating HIV Infection," issued December 3, 2013), both licensed to Janssen, following a Paragraph IV certification as part of Cipla's filing of an amendment to its ANDA (adding an additional dosage strength) to manufacture a generic version of Janssen's Prezista® (darunavir, used to treat human immunodeficiency virus (HIV-1) infection).  View the complaint here.

Janssen Products LP et al. v. Cipla Ltd. et al.
1:15-cv-00307; filed April 10, 2015 in the District Court of Delaware

• Plaintiffs:  Janssen Products LP; Janssen Sciences Ireland UC
• Defendants:  Cipla Ltd.; Cipla USA Inc.

Janssen Products, L.P. et al. v. Cipla Ltd. et al.
2:15-cv-02549; filed April 9, 2015 in the District Court of New Jersey

• Plaintiffs:  Janssen Products, L.P.; Janssen Sciences Ireland UC
• Defendants:  Cipla Ltd.; Cipla USA, Inc.

The complaints in these cases are substantially identical.  Infringement of U.S. Patent Nos. 7,700,645 ("Pseudopolymorphic Forms of a HIV Protease Inhibitor," issued April 20, 2010), 7,126,015 ("Method for the Preparation of Hexahydro-furo-[2,3-b]furan-3-ol," issued October 24, 2006), 7,595,408 ("Methods for the Preparation of (3R,3aS,6aR)hexahydro-furo[2,3-b]furan-3-ol," issued September 29, 2009), and 8,518,987 ("Pseudopolymorphic Forms of a HIV Protease Inhibitor," issued August 27, 2013) following a Paragraph IV certification as part of Cipla's filing of an amendment to its ANDA (adding an additional dosage strength) to manufacture a generic version of Janssen's Prezista® (darunavir, used to treat human immunodeficiency virus (HIV-1) infection).  View the New Jersey complaint here.

Elan Pharma International Ltd. v. Actavis Laboratories UT, Inc. et al.
2:15-cv-02528; filed April 8, 2015 in the District Court of New Jersey

• Plaintiff:  Elan Pharma International Ltd.
• Defendants:  Actavis Laboratories UT, Inc.; Actavis, Inc.; Actavis PLC

Infringement of U.S. Patent No. 6,899,890 ("Bioadhesive Drug Delivery System," issued May 31, 2005) following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Elan's Clindesse®(clindamycin phosphate vaginal cream, used to treat bacterial vaginosis).  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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