By Sherri Oslick --
About Court Report: Each week we will report briefly
on recently filed biotech and pharma patent cases. A few interesting cases will be selected for
periodic monitoring, providing our readers with an opportunity to follow the
progress of these cases.
Stephen J. Smith Trust et. al. v. Ethicon, Inc.
1:06-cv-02371; filed November 27, 2006 in the District
Court of Colorado
Infringement of U.S. Patent No. 6,482,431 ("Method
for Application and Maintenance of Medication on Body Tissue," issued
November 19, 2002) based on Ethicon's (a subsidiary of Johnson & Johnson)
marketing and sale of its Dermabond® brand topical skin adhesive. View the complaint here.
Eli Lilly and Company v. Sun Pharmaceutical Industries
Ltd.
1:06-cv-01721; filed December 1, 2006 in the Southern
District of Indiana
Infringement of U.S. Patent No. 5,464,826 ("Method
of Treating Tumors in Mammals with 2',2'-difluoronucleosides," issued
November 7, 1995) following a paragraph IV certification as part of Sun
Pharmaceutical's filing of an ANDA to manufacture a generic version of Lilly's
Gemzar® (gemcitabine hydrochloride for injection, used to treat non-small
cell lung cancer, pancreatic cancer, breast cancer, and ovarian cancer). Also, declaratory judgment of validity,
enforceability, and infringement of the '826 patent. View the complaint here.
Savient Pharmaceuticals, Inc. v. Sandoz, Inc. and
Upsher-Smith Laboratories, Inc.
2:06-cv-05782; filed December 4, 2006 in the District
Court of New Jersey
Infringement of U.S. Patent Nos. 5,872,147 ("Use of
Oxandrolone in the Treatment of Chronic Obstructive Pulmonary Disease,"
issued February 16, 1999), 6,090,799 ("Method for Ameliorating Muscle
Weakness/Wasting in a Patient Infected with Human Immunodeficiency Virus-Type
1," issued July 18, 2000), 6,670,351 (same title, issued December 30,
2003), 6,576,659 ("Use of Oxandrolone in the Treatment of Burns and Other
Wounds," issued June 10, 2003), and 6,828,313 (same title, issued December
22, 2004) based on Sandoz's manufacture and sale of generic Oxandrin®
(oxandrolone) for uses claimed in the asserted patents. Savient also filed for a temporary
restraining order and a preliminary injunction; the temporary restraints were
granted and subsequently vacated, with permission granted to the parties to
file an interlocutory appeal on the issue. View the complaint here.
Merck & Co., Inc. v. Apotex, Inc. et. al.
3:06-cv-05789; filed December 4, 2006 in the District
Court of New Jersey
Infringement of U.S. Patent No. 4,797,413 ("Thieno
Thiopyran Sulfonamide Derivatives, Pharmaceutical Compositions and Use,"
issued January 10, 1989) following a paragraph IV certification as part of
Apotex's filing of an ANDA to manufacture a generic version of Merck's
Trusopt® (dorzolamide hydrochloride ophthalmic solution, used to treat
elevated intraocular pressure in patients with ocular hypertension or
open-angle glaucoma). View the complaint here.
Merck & Co., Inc. v. Apotex, Inc. et. al.
3:06-cv-05791; filed December 4, 2006 in the District
Court of New Jersey
Infringement of U.S. Patent No. 4,797,413 ("Thieno
Thiopyran Sulfonamide Derivatives, Pharmaceutical Compositions and Use,"
issued January 10, 1989) following a paragraph IV certification as part of
Apotex's filing of an ANDA to manufacture a generic version of Merck's
Cosopt® (dorzolamide hydrochloride/timolol maleate ophthalmic solution, used
to treat elevated intraocular pressure in patients with ocular hypertension or
open-angle glaucoma). View the complaint here.
Dusa Pharmaceuticals, Inc., et. al. v. Photo
Therapeutics, Ltd. et. al.
2:06-cv-01017; filed December 4, 2006 in the Southern
District of Ohio
Infringement of U.S. Patent Nos. 6,710,066
("Photochemotherapeutic Method Using 5-aminolevulinic acid and Other Precursors
of Endogenous Porphyrins," issued March 23, 2004) and 5,955,490 (same
title, issued September 21, 1999) based on Photo Therapeutics publications
providing instructions for photodynamic treatments of actinic keratosis using
of aminolevulinic acid (the active incredient in Dusa's Levulan®). View the complaint here.
Celgene Corp., Novartis Pharmaceutical Corp. et. al. v.
Abrika Pharmaceuticals Inc. et. al.
2:06-cv-05818; filed December 4, 2006 in the District
Court of New Jersey
Infringement of U.S. Patent Nos. 5,837,284
("Delivery of Multiple Doses of Medications," issued November 17,
1998) and 6,635,284 (same title, issued October 21, 2003) (both assigned to
Celgene and licensed exclusively to Novartis in certain fields of use) following
a paragraph IV certification as part of Abrika's filing of an ANDA to
manufacture a generic version of Novartis' Ritalin® LA (methylphenidate
hydrochloride extended release capsules, used to treat attention deficit
hyperactivity disorder/attention deficit disorder). View the complaint here.
Celgene Corp., Novartis Pharmaceutical Corp. et. al. v.
Abrika Pharmaceuticals Inc. et. al.
1:06-cv-00741; filed December 6, 2006 in the District
Court of Delaware
Infringement of U.S. Patent Nos. 5,837,284 ("Delivery
of Multiple Doses of Medications," issued November 17, 1998) and
6,635,284 (same title, issued October 21, 2003) (both assigned to Celgene and
licensed exclusively to Novartis in certain fields of use) following a
paragraph IV certification as part of Abrika's filing of an ANDA to manufacture
a generic version of Novartis' Ritalin® LA (methylphenidate hydrochloride
extended release capsules, used to treat attention deficit hyperactivity
disorder/attention deficit disorder). View the complaint here.
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