About Court Report: Each week we will report briefly on recently filed biotech and pharma cases.
Bristol-Myers Squibb Co. v. Mylan Pharmaceuticals, Inc.
1:15-cv-00049; filed March 19, 2015 in the Northern District of West Virginia
Bristol-Myers Squibb Co. v. Mylan Pharmaceuticals, Inc.
3:15-cv-01949; filed March 17, 2015 in the District Court of New Jersey
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 6,087,383 ("Bisulfate Salt of HIV Protease Inhibitor," issued July 11, 2000), licensed to BMS, following a Paragraph IV certification as part of Mylan's filing of an ANDA to manufacture a generic version of BMS' Reyataz® (atazanavir bisulfate, used to treat HIV infection). View the New Jersey complaint here.
Otsuka Pharmaceutical Co., Ltd. v. Indoco Remedies Ltd. et al.
1:15-cv-01967; filed March 17, 2015 in the District Court of New Jersey
• Plaintiff: Otsuka Pharmaceutical Co., Ltd.
• Defendants: Indoco Remedies Ltd.; Hetero Labs Ltd.
Infringement of U.S. Patent Nos. 8,017,615 ("Low Hygroscopic Aripiprazole Drug Substance and Process for the Preparation Thereof," issued September 13, 2011), 8,580,796 (same title, issued November 12, 2013), 8,642,760 (same title, issued February 4, 2014), and 8,759,350 ("Carbostyril Derivatives and Serotonin Reuptake Inhibitors for Treatment of Mood Disorders," issued June 24, 2014) following a Paragraph IV certification as part of Indoco's filing of an ANDA to manufacture a generic version of Otsuka's Abilify® (aripiprazole, used to treat bipolar disorder and schizophrenia). View the complaint here.
Galderma Laboratories LP v. Actavis Laboratories UT Inc.
1:15-cv-00232; filed March 12, 2015 in the District Court of Delaware
Infringement of U.S. Patent Nos. 7,439,241 ("Compounds, Formulations, and Methods for Treating or Preventing Rosacea," issued October 21, 2008), 8,410,102 ("Methods and Compositions for Treating or Preventing Erythema," issued April 2, 2013), 8,426,410 ("Compounds, Formulations, and Methods for Treating or Preventing Inflammatory Skin Disorders," issued April 23, 2013), 8,859,551 (same title, issued October 14, 2014), 8,513,247 ("Methods and Compositions for Safe and Effective Treatment of Erythema," issued August 20, 2013), and 8,513,249 (same title, issued August 20, 2013) following a Paragraph IV certification as part of Actavis' filing of an ANDA to manufacture a generic version of Galderma's Mirvaso® (brimonidine topical gel, used for the topical treatment of persistent facial erythema of rosacea in adults). View the complaint here.
Sanofi-Aventis U.S. LLC et al. v. Apotex Corp. et al.
3:15-cv-01835; filed March 11, 2015 in the District Court of New Jersey
• Plaintiffs: Sanofi-Aventis U.S. LLC; Aventis Pharma S.A.; Sanofi
• Defendants: Apotex Corp.; Apotex Inc.
Sanofi-Aventis U.S. LLC et al. v. Breckenridge Pharmaceutical, Inc.
3:15-cv-01836; filed March 11, 2015 in the District Court of New Jersey
• Plaintiffs: Sanofi-Aventis U.S. LLC; Aventis Pharma S.A.; Sanofi
• Defendant: Breckenridge Pharmaceutical, Inc.
The complaints in these cases are substantially identical. Infringement of U.S. Patent No. 8,927,592 ("Antitumoral Use Of Cabazitaxel," issued January 6, 2015) following a Paragraph IV certification as part of defendants' filing of an ANDA to manufacture a generic version of Sanofi's Jevtana® (cabazitaxel injection, used in combination with prednisone for the treatment of patients with hormonerefractory metastatic prostate cancer previously treated with a docetaxel-containing treatment regimen). View the Apotex complaint here.
