Monday, June 30, 2008

Court Report

Eli Lilly and Company et al. v. APP Pharmaceuticals LLC

1:08-cv-00384; filed June 25, 2008 in the District Court of Delaware

Infringement of U.S. Patent No. 5,344,932 ("N-(pyrrolo(2,3-d)pyrimidin-3-ylacyl)-Glutamic Acid Derivatives," issued September 6, 1994), licensed to Eli Lilly, following a paragraph IV certification as part of APP's filing of an ANDA to manufacture a generic version of Lilly's Alimta® (pemetrexed for injection, used to treat malignant pleural mesothelioma and locally advanced or metastatic non-small cell lung cancer). View the complaint here.

Dey LP et al. v. Sepracor Inc.

1:08-cv-00372; filed June 20, 2008 in the District Court of Delaware

Declaratory judgment of non-infringement and invalidity of U.S. Patent No. 6,451,289 ("Albuterol Formulations," issued on September 17, 2002) in conjunction with Dey's filing of an ANDA to manufacture a generic version of Sepracor's Xopenex® (levalbuterol hydrochloride inhalation solution, used to treat bronchospasm caused by asthma and chronic obstructive pulmonary disease). View the complaint here.

Hoffman-La Roche Inc. v. Apotex Inc. et al.

2:08-cv-03065; filed June 16, 2008 in the District Court of Delaware

Infringement of U.S. Patent No. 4,927,814 ("Diphosphonate Derivatives, Pharmaceutical Compositions and Methods of Use," issued May 22, 1990) following a paragraph IV certification as part of Apotex's filing of an ANDA to manufacture a generic version of Roche's Boniva® (150 mg once-monthly tablets) (ibandronate sodium, used to treat post-menopausal osteoporosis). View the complaint here.

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