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Bayer Loss Over Yasmin Birth-Control Patent Upheld
Bayer AG lost a bid to have a court overturn a ruling that said its U.S. patent on the birth-control pill Yasmin is invalid.
The full panel of U.S. Court of Appeals for the Federal Circuit in Washington declined to revisit an August judgment upholding a lower-court ruling that forced Bayer, Germany’s largest drugmaker, to reach an agreement to let Teva Pharmaceutical Industries Ltd.’s Barr unit begin selling Yasmin under its own label.
The settlement was reached to protect Yaz, a newer version of the medicine, from generic-drug competition. The Yasmin family of birth-control pills, known as Yaz, Yasmin and Yasminelle, were Bayer’s top-selling drugs last year, bringing in about $1.8 billion, a 17 percent increase over 2007.
The U.S. Court of Appeals for the Federal Circuit, in a 2-1 ruling, said in August that the trial judge was correct to rule that it would have been obvious for scientists to test a smaller particle size because it was well known that drospirenone was acid-sensitive.
Marcy Funk, a spokeswoman for Leverkusen, Germany-based Bayer, today said the company is “disappointed with the decision and will evaluate our legal options.”
Teva, based in Petah Tikva, Israel, is the world’s biggest generic-drug company.
The case is Bayer Schering Pharma AG v. Barr Laboratories Inc., 2008-1282, U.S. Court of Appeals for the Federal Circuit (Washington). The lower court case is Bayer Schering Pharma AG v. Barr Laboratories Inc., 05-cv-2308, U.S. District Court, District of New Jersey (Newark).
Source: Bloomerang



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