Court Report - June 3, 2012

McDonnell Boehnen Hulbert & Berghoff LLP
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[author: Sherri Oslick]

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

Astellas US LLC et al. v. Hospira Inc.
1:12-cv-00652; filed May 23, 2012 in the District Court of Delaware

• Plaintiffs:  Astellas US LLC; Astellas Pharma US, Inc.; Item Development AB
• Defendant:  Hospira Inc.

Infringement of U.S. Patent No. 5,731,296 ("Selective Vasodilation by Continuous Adenosine Infusion," issued March 24, 1998), licensed to Astellas, following a Paragraph IV certification as part of Hospria's filing of an ANDA to manufacture a generic version of Astellas' Adenoscan® product (adenosine injection, used as a diagnostic for myocardial reperfusion injury).  View the complaint here.

Auxilium Pharmaceuticals, Inc. et al. v. Watson Laboratories, Inc. (NV) et al.
2:12-cv-03084; filed May 23, 2012 in the District Court of New Jersey

•  Plaintiffs: Auxilium Pharmaceuticals, Inc.; FCB I LLC
•  Defendants: Watson Laboratories, Inc. (NV); Watson Pharmaceuticals, Inc.; Watson Pharma, Inc.

Infringement of U.S. Patent Nos. 7,320,968 ("Pharmaceutical Composition," issued January 22, 2008), 7,608,605 (same title, issued October 27, 2009), 7,608,606 (same title, issued October 27, 2009), 7,608,607 (same title, issued October 27, 2009), 7,608,608 (same title, issued October 27, 2009), 7,608,609 (same title, issued October 27, 2009), 7,608,610 (same title, issued October 27, 2009), 7,935,690 (same title, issued May 3, 2011), 8,063,029 (same title, issued November 22, 2011), and 8,178,518 (same title, issued May 15, 2012) following a Paragraph IV certification as part of Watson's filing of an ANDA to manufacture a generic version of Auxilium's Testim® (transdermal testosterone gel, used to treat hypogonadism in men).  View the complaint here.

Janssen Pharmaceuticals, Inc. v. Haupt Pharma, Inc. et al.
2:12-cv-03034; filed May 22, 2012 in the District Court of New Jersey

• Plaintiff:  Janssen Pharmaceuticals, Inc.
• Defendants:  Haupt Pharma, Inc.; Ranbaxy Laboratories Ltd.; Ranbaxy Inc.

Infringement of U.S. Patent No. 6,214,815 ("Triphasic Oral Contraceptive," issued April 10, 2001) following a Paragraph IV certification as part of Sun's filing of an ANDA to manufacture a generic version of Janssen's Ortho Tri-Cyclen® Lo (norgestimate and ethinyl estradiol, used for oral contraception).  View the complaint here.

Panagene, Inc. et al. v. Bio-Synthesis, Inc.
2:12-cv-00301; filed May 17, 2012 in the Eastern District of Texas

• Plaintiffs:  Panagene, Inc.; Dorte Buchardt; Michael Egholm; Peter E Nielsen; Rolf H Berg
• Defendant:  Bio-Synthesis, Inc.

Infringement of U.S. Patent Nos. 6,395,474 ("Peptide Nucleic Acids," issued May 28, 2002) and 7,378,485 ("Peptide Nucleic Acids with Polyamide-Containing Backbones," filed May 27, 2008) based on Bio-Synthesis' manufacture, use, and sale of peptide nucleic acids.  View the complaint here.

 

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