About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Eli Lilly and Company et al. v. Amneal Pharmaceuticals LLC
1:14-cv-01474 filed December 11, 2014 in the District Court of Delaware
• Plaintiffs: Eli Lilly and Company; Eli Lilly Export S.A.; Acrus DDS Pty Ltd.
• Defendant: Amneal Pharmaceuticals LLC
Eli Lilly and Company et al. v. Amneal Pharmaceuticals LLC
1:14-cv-02025; filed December 10, 2014 in the Southern District of Indiana
• Plaintiffs: Eli Lilly and Company; Eli Lilly Export S.A.; Acrus DDS Pty Ltd.
• Defendant: Amneal Pharmaceuticals LLC
The complaints in these cases are substantially identical. 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), and 8,807,861 (same title, issued August 19, 2014) following a Paragraph IV certification as part of Amneal'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 S.D. Indiana complaint here.
Duke University et al. v. Sandoz, Inc. et al.
1:14-cv-01034; filed December 10, 2014 in the Middle District of North Carolina
• Plaintiffs: Duke University; Allergan, Inc.
• Defendants: Sandoz, Inc.; Akorn, Inc.; Hi-Tech Pharmacal Co., Inc.; Actavis, Inc.; Watson Laboratories, Inc.; Actavis Pharma, Inc.
Duke University et al. v. Apotex, Inc. et al.
1:14-cv-01028; filed December 9, 2014 in the Middle District of North Carolina
• Plaintiffs: Duke University; Allergan, Inc.
• Defendants: Apotex, Inc.; Apotex Corp.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 8,906,962 ("Compositions and Methods for Treating Hair Loss Using Non-Naturally Occurring Prostaglandins," issued December 9, 2014), licensed to Allergan, based on defendants' anticipated launch of a generic version of Allergan's Latisse® (bimatoprost ophthalmic solution, 0.03%, used to treat inadequate or not enough eye lashes). View the Apotex complaint here.
AstraZeneca AB v. Aurobindo Pharma Ltd. et al.
1:14-cv-01469; filed December 9, 2014 in the District Court of Delaware
• Plaintiff: AstraZeneca AB
• Defendants: Aurobindo Pharma Ltd.; Aurobindo Pharma USA Inc.
Infringement of U.S. Patent No. RE44,186 ("Cyclopropyl-Fused Pyrrolidine-Based Inhibitors of Dipeptidyl Peptidase IV and Method," issued April 30, 2013) following a Paragraph IV certification as part of Aurobindo's filing of an ANDA to manufacture a generic version of AstraZeneca's Onglyza® (saxagliptin hydrochloride, used as an adjunct to diet and exercise to improve glycemic control in adults with type 2 diabetes mellitus). View the complaint here.
Teva Women's Health, Inc. et al. v. Famy Care Ltd. et al.
1:14-cv-09637; filed December 5, 2014 in the Southern District of New York
• Plaintiffs: Teva Women's Health, Inc.; Teva Branded Pharmaceutical Products R&D, Inc.
• Defendants: Famy Care Ltd.; Mylan Pharmaceuticals, Inc.; Mylan Inc.
Infringement of U.S. Patent Nos. 8,415,332 ("Methods of Hormonal Treatment Utilizing Ascending-Dose Extended Cycle Regimens," issued April 9, 2013) and 8,450,299 (same title, issued May 28, 2013) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Teva's Quartette® (levonorgestrel/ethinyl estradiol and ethinyl estradiol, used for oral contraception). View the complaint here.
