Federal Court Invalidates Bayer's Patent On Yasmin Birth Control Pill

Main Category: Pharma Industry / Biotech Industry
Also Included In: Women's Health / Gynecology;  Litigation / Medical Malpractice;  Sexual Health / STDs
Article Date: 07 Mar 2008 - 7:00 PDT

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A federal court in New Jersey on Monday invalidated Bayer Schering's patent on its oral contraceptive Yasmin, ruling in favor of a challenge filed by Barr Pharmaceuticals, AFP/Google.com reports. The ruling now allows Barr to sell a generic version of Yasmin in the U.S. (AFP/Google.com, 3/4). Bayer said in a release that it "disagrees with the court's decision and will consider its legal options" (Bayer release, 3/3).

According to Reuters, some analysts said the decision could affect Bayer's patent on YAZ, a related drug that was approved for sale in the U.S. in 2006 that is protected by the same patent (Kusjanto, Reuters, 3/4). Bayer also said that it is "evaluating the impact of the court's decision" on YAZ but added that the company retains marketing exclusivity for YAZ in the U.S. until March 2009 (Bayer release, 3/3).

Barr Chair and CEO Bruce Downey said in a statement that the court's decision is a "positive development for the company" (Decker/St. Onge, Bloomberg/Bergen Record, 3/4).

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