About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Eli Lilly and Company et al. v. Lupin Pharmaceuticals, Inc. et al.
1:15-cv-01047; filed July 6, 2015 in the Southern District of Indiana
• Plaintiffs: Eli Lilly and Company; Eli Lilly Export S.A.; Acrux DDS Pty Ltd.
• Defendants: Lupin Pharmaceuticals, Inc.; Lupin Ltd.
Infringement of U.S. Patent Nos. 8,435,944 ("Method and Composition for Transdermal Drug Delivery," issued May 7, 2013), 8,419,307 ("Spreading Implement," issued April 16, 2013), 8,177,449 (same title, issued May 15, 2012), 8,807,861 (same title, issued August 19, 2014), and 8,993,520 ("Method and Composition for Transdermal Drug Delivery," issued March 31, 2015) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Eli Lilly's Axiron® (testosterone metered transdermal solution, used to treat males for conditions associated with a deficiency or absence of endogenous testosterone). View the complaint here.
Gilead Sciences, Inc. et al. v. Lupin Pharmaceuticals, Inc. et al.
1:15-cv-01956; filed July 1, 2015 in the District Court of Maryland
• Plaintiffs: Gilead Sciences, Inc.; Hoffmann-LaRoche Inc.; F. Hoffmann-LaRoche Ltd.; Genentech, Inc.
• Defendants: Lupin Pharmaceuticals, Inc.; Lupin Atlantis Holdings S.A.; Lupin Ltd.
Infringement of U.S. Patent No. 5,763,483 ("Carbocyclic Compounds," issued June 9, 1998) following a Paragraph IV certification as part of Lupin's filing of an ANDA to manufacture a generic version of Genentech's Tamiflu® (oseltamivir phosphate, used to treat uncomplicated acute illness due to influenza infection in patients one year or older who have been symptomatic for no more than two days and for the prophylaxis of influenza in patients one year or older). View the complaint here.
Erfindergemeinschaft UroPep GbR v. Eli Lilly and Company et al.
2:15-cv-01202; filed July 1, 2015 in the Eastern District of Texas
• Plaintiff: Erfindergemeinschaft UroPep GbR
• Defendants: Eli Lilly and Company; Brookshire Brothers Inc.
Infringement of U.S. Patent No. 8,791,124 ("Use of Phosphodiesterase Inhibitors in the Treatment of Prostatic Diseases," issued July 29, 2014) based on Lilly's manufacture and sale of its Cialis® product (tadalafil) for the treatment of benign prostatic hyperplasia (BPH). View the complaint here.
Salix Pharmaceuticals, Inc. et al. v. Mylan Pharmaceuticals, Inc. et al.
1:15-cv-00109; filed June 26, 2015 in the Northern District of West Virginia
• Plaintiffs: Salix Pharmaceuticals, Inc.; Dr. Falk Pharma GmbH;
• Defendants: Mylan Pharmaceuticals, Inc.; Mylan, Inc.; Mylan, Inc.
Infringement of U.S. Patent Nos. 6,551,620 ("Pellet Formulation for the Treatment of the Intestinal Tract," issued April 22, 2003), 8,337,886 (same title, issued December 25, 2012), 8,496,965 (same title, issued July 30, 2013), and 8,865,688 ("Compositions and Methods For Treatment of Bowel Diseases With Granulated Mesalamine," issued October 21, 2014) following a paragraph IV certification as part of Mylan'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 complaint here.
