Case Filed: Jul 15, 2010
Case Closed: Nov 27, 2013
Case Duration: 1231 Days
Court: Nevada District Court
Judge: Kent J. Dawson
Case Summary:
A patent infringement suit was
filed by Bayer Schering against Lupin for violating 3 of their patents. The
patents involved in the suit are:
- RE37564 issued on Feb 26, 2002
- RE37838 issued on Sep 10, 2002
- RE38253 issued on Sep 16, 2003
Bayer is a German chemical and
pharmaceutical company with core competencies in the fields of health care,
nutrition and high-tech materials. Lupin Pharmaceuticals, an India based
company, engages in the development and manufacture of branded and generic
pharmaceutical products.
Bayer alleged that Lupin
submitted to the FDA ANDA No. 20-1661 seeking approval to engage in the
commercial manufacture of a generic version of Bayer’s Yaz® tablets, which
infringe three of their patents covering the medication.
Bayer is the current holder[iii]
of approved New Drug Application (NDA) No. 21-676 for Yaz® tablets (source: Patent Marker), which
contain micronized drospirenone and 17α-ethinylestradiol as active ingredients.
The United States Food and Drug Administration (FDA) approved Yaz® tablets for
the prevention of pregnancy in women, for treatment of moderate acne and
symptoms of premenstrual dysphoric disorder in women who elect to use an oral
contraceptive. Bayer sells YAZ® tablets
in the United States as a 28-day oral contraceptive regimen that contains 24
tablets comprising 3 mg of micronized drospirenone and 0.02 mg of micronized
17α-ethinylestradiol plus 4 placebo tablets.
On October 16,
2013 the parties filed a joint status report in response to the Court’s order.
The parties notified the Court that Bayer would not seek further review of the
Federal Circuit’s judgment rendered in favor of defendants and advised the
Court that the action can be closed, thereby concluding the litigation.
See 2:10-cv-01166 for more details. To get alerts on cases
filed/closed, subscribe to our Litigation Alerts.
[i]
Expected expiration date. Patent Term Estimator is a free web-based tool that automatically
calculates patent terms and expiration dates for U.S. utility patents.
[ii]
MaxVal offers Patent Assignment Alert service
where subscribers receive email alerts when assignments relating to target
applications, patents or entities of interest are recorded.
[iii]
Patent Marker provides an online environment
where patentees can virtually mark products and search products for
patent-related information.