Friday, January 23, 2009

US Patent Litigation Updates

Widely read biotech and pharma patent law blog, PatentDocs reported some of the latest patent infringement disputes involving Indian drug manufactures.

Oscient Pharmaceuticals Corp. et al. v. Lupin Ltd. et al

Oscient Pharmaceuticals Corporation, holder of the NDA license for anti-cholesterol drug Antara (generically Fenofibrate) jointly with Guardian II Acquisition Corporation and Ethypharm has filed a civil action for patent infringement against Pune-based Lupin Ltd. for infringement of Orange-Book listed US Patent No. 7,101,574 (“Pharmaceutical composition containing fenofibrate and the preparation method”). The ‘574 patent is issued to Ethypharm and exclusively licensed to Guardian II.

Wyeth v. Torrent Pharmaceuticals Ltd. et al

Ahmedabad-based Torrent Pharmaceuticals Ltd. is accused of patent infringement by Wyeth for infringement of Orange Book listed US Patent Nos. 6,274,171 (“Extended release formulation of venlafaxine hydrochloride”), 6,403,120 (“Extended release formulation of venlafaxine hydrochloride”), and 6,419,958 (“Extended release formulation of venlafaxine hydrochloride”) for anti-depressant drug Effexor XR (generically Venlafaxine extended release).

Dr. Reddy’s Laboratories Ltd. et al. v. Eli Lilly & Co

Dr. Reddy’s Laboratories Ltd. has filed a motion for declaratory judgment of non-infringment, invalidity, and unenforceability of US Patent Nos. 5,910,319 (“Fluoxetine enteric pellets and methods for their preparation and use”), 5,985,322 (“Method for the treatment of CNS disorders”), and RE39,030 (“Fluoxetine enteric pellets and methods for their preparation and use”) with respect to Dr. Reddy’s ANDA for generic Prozac Weekly (generically Fluoxetine delayed release pellets).

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