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US court rules in favour of Bayer Avelox patent dispute with Dr Reddy UPDATE


Published :
Fri, 26 Oct 2007 17:22
By : Agencies
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(Updating to add comment on outstanding Teva suit, details on Avelox)

FRANKFURT (Thomson Financial) - Bayer AG said a US court ruled in favour of the German drugs and chemicals maker in a case in which Indian generic drug maker Dr Reddy's Laboratories challenged the validity of two US patents for antibiotic Avelox.

Dr Reddy's had filed an Abbreviated New Drug Application (ANDA) for approval of a generic version of Avelox prior to the expiration of Bayer's patents, the German drugs and chemicals maker said in a statement.

'Under US law, the filing of the ANDA is an act of patent infringement,' Bayer said, adding it is nonetheless not unusual for generic drug companies to file ANDAs on successful pharmaceutical products prior to the expiration of the relevant patents.

The ruling was made by the US District Court of the District of Delaware.

Teva Pharmaceutical Industries also challenged the validity of the same Bayer patents in a case pending in the same court.

Trial of Teva's case is scheduled to start on Feb 25, 2008.

'Bayer intends to defend its patents vigorously,' the company said.

Avelox is approved in the US to treat acute exacerbations of chronic bronchitis, acute bacterial sinusitis, community-acquired pneumonia, skin and skin structure infections and complicated intra-abdominal infections.

In the US, Avelox is marketed by Bayer's partner Schering-Plough Corp.

maria.sheahan@thomson.com

mas/wj/mas/wj

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Copyright Thomson Financial News Limited 2007. All rights reserved.

The copying, republication or redistribution of Thomson Financial News Content, including by framing or similar means, is expressly prohibited without the prior written consent of Thomson Financial News.




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