Bayer appeals invalidity ruling on its Yasmin® Patent
Appeal will be heard by the Federal Circuit.
Leverkusen. – Today, Bayer filed a Notice of Appeal in the United States District Court for the District of New Jersey.
Bayer is appealing from a March 3, 2008 opinion and order in which District Judge Peter G. Sheridan held that certain patent claims of Bayer Schering’s U.S. Patent No. 6,787,531 for the company’s oral contraceptive Yasmin (drospirenone 3 mg and ethinyl estradiol 0.03mg) were invalid because they would have been obvious to the person of ordinary skill in the art.
Bayer had sued generic manufacturer Barr Laboratories for patent infringement in connection with Barr’s application to the FDA for approval to market a generic version of Bayer’s oral contraceptive Yasmin.
Bayer’s appeal will be heard by the Federal Circuit, which is the federal court of appeals for patent cases.
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