About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Ventana Medical Systems, Inc. v. Hologic, Inc.
3:16-cv-02703; filed May 18, 2016 in the Northern District of California
Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 7,718,369 ("Recurrent Gene Fusions in Prostate Cancer" issued on May 18, 2010) based on Ventana's manufacture and sale of its anti-ERG (EPR3864) monoclonal antibody product. View the complaint here.
ApoPharma Inc. et al. v. Taro Pharmaceutical Industries, Ltd. et al.
2:16-cv-00528; filed May 18, 2016 in the Eastern District of Texas
• Plaintiffs: ApoPharma Inc.; ApoPharma USA, Inc.; Apotex Technologies Inc.
• Defendants: Taro Pharmaceutical Industries, Ltd.; Taro Pharmaceuticals U.S.A., Inc.
Infringement of U.S. Patent No. 7,049,328 ("Use For Deferiprone," issued May 23, 2006) following a Paragraph IV certification as part of Taro's filing of an ANDA to manufacture a generic version of ApoPharma's Ferriprox® (deferiprone, used to treat patients with transfusional iron overload due to thalassemia syndromes when current chelation therapy is inadequate). View the complaint here.
Novartis AG et al. v. Mylan Pharmaceuticals, Inc. et al.
1:16-cv-00093; filed May 18, 2016 in the Northern District of West Virginia
• Plaintiffs: Novartis AG; Novartis Pharmaceuticals Corp.; Mitsubishi Tanabe Pharma Corp.; Mitsui Sugar Co., LTD.
• Defendants: Mylan Pharmaceuticals, Inc.; Mylan Inc.
Infringement of U.S. Patent No. 5,604,229 ("2-Amino-1,3-Propanediol Compound and Immunosuppressant," issued February 18, 1997) following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of Novartis' Gilenya® (fingolimod hydrochloride, used to reduce the frequency of clinical exacerbations and to delay the accumulation of physical disability in patients with relapsing forms of multiple sclerosis). View the complaint here.
Foundation Medicine, Inc. v. Guardant Health, Inc.
2:16-cv-00523; filed May 17, 2016 in the Eastern District of Texas
Infringement of U.S. Patent No. 9,340,830 ("Optimization of Multigene Analysis of Tumor Samples," issued May 17, 2016) based on Guardant's manufacture and sale of its Guardant360 genomic cancer testing product. View the complaint here.
Santen Pharmaceutical Co., Ltd. et al. v. Micro Labs Ltd. et al.
1:16-cv-00353; filed May 13, 2016 in the District Court of Delaware
• Plaintiffs: Santen Pharmaceutical Co., Ltd.; Asahi Glass Co., Ltd.; Oak Pharmaceuticals, Inc.
• Defendants: Micro Labs Ltd.; Micro Labs USA Inc.
Santen Pharmaceutical Co., Ltd. et al. v. Sandoz Inc.
1:16-cv-00354; filed May 13, 2016 in the District Court of Delaware
• Plaintiffs: Santen Pharmaceutical Co., Ltd.; Asahi Glass Co., Ltd.; Oak Pharmaceuticals, Inc.
• Defendant: Sandoz Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 5,886,035 ("Difluoroprostaglandin Derivatives and Their Use," issued March 23, 1999) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Santen's Zioptan® (tafluprost ophthalmic solution, used for reducing elevated intraocular pressure in patients with open-angle glaucoma or ocular hypertension). View the Micro complaint here.
