Bayer drops lawsuit against Teva over Yaz/Gianvi, but the fight continues

July 6th, 2010 by Jennifer Walker-Journey

Bayer has dropped its patent suit in Delaware against Teva Pharmaceuticals Industries Ltd., and Barr Pharmaceuticals for infringing on its multi-million-dollar-selling oral contraceptive Yaz. Bayer had filed the lawsuit claiming TVA’s generic version of Yaz, known as Gianvi, infringed on Yaz. However, Bayer says it is maintaining its patent suit against Teva and Barr in Nevada District Court.

“Bayer is committed to vigorously enforcing its intellectual property and continues to pursue its patent infringement case filed earlier against Teva in Nevada,” Bayer said in a statement. The suit filed in Nevada asks for an injunction to prevent Teva from selling Gianvi. Teva was awarded a 180-day marketing exclusivity period for Gianvi by the Food and Drug Administration (FDA) after being the first company to file an Abbreviated New Drug Application (ANDA). Bayer says Teva is prematurely launching its new drug.

Bayer says it dropped its suit in Delaware because Nevada was a more appropriate venue. Concentrating its efforts in Nevada “will eliminate the risk of inconsistent adjudications,” Bayer said in a statement.

The fight between Bayer and Teva over their rival birth control pills has become heated over the past few weeks. Last month Bayer argued that Teva made claims on Gianvi’s safety label that were false. Gianvi’s label claimed that the pill contained the same technology as Yaz that would extend its shelf life. Teva has agreed to inform U.S. pharmacists on a weekly basis for three months about the corrected physician prescribing information on the label. The information has already been sent to the FDA for review and added to Teva’s website.

Bayer’s legal woes concerning Yaz are expected to continue for some time. The company faces more than 1,100 lawsuits from women who claim the popular birth control pill caused them to suffer from serious injuries such as blood clots, strokes, gallbladder problems, and even death.

  • LilianV

    Last week i went to the pharmacy with my usual Yaz prescription and was charged only $5. I quickly looked at the bag and noticed that it wasn't yaz. I was told that it was a generic, so I was happy that I only had to pay 5 bucks instead of 15. So I popped the pill later that night as usual. The next day I felt sick to my stomach, but didn't think anything of it. Day 2, I still felt a bit ill, I was unable to sleep much that night. Day 3, I was moody (actually angry at the world) btw I'm the shyest most non-confrontational person on the entire universe, but I didn't feel like greeting people, didn't feel like helping anyone, I had an incredible amount of energy, but completely exhausted. Day 4, still couldn't sleep, took nyquil and woke up 6 times that night this has never happened before. Day 5, i said to myself “hey stupid, maybe it's the Gianvi?” then said “nah” it's a generic, it's the same thing. Day 6, Kicked the nephews out of the house, someone spilled juice on the couch,I can't control my actions. Didn't want to end up on the news. Not the mellow person i used to be. Day 7: F day 7 can't take this crap they call a generic anymore. I know my god damn body and this isn't a generic! I have never been this aggressive. I can say that this pill has helped me grow balls, but it may also make me homicidal.

    I'm not on any other medication. I have to switch back to yaz. I'm making an emergency visit to my doc.

  • LilianV

    Last week i went to the pharmacy with my usual Yaz prescription and was charged only $5. I quickly looked at the bag and noticed that it wasn't yaz. I was told that it was a generic, so I was happy that I only had to pay 5 bucks instead of 15. So I popped the pill later that night as usual. The next day I felt sick to my stomach, but didn't think anything of it. Day 2, I still felt a bit ill, I was unable to sleep much that night. Day 3, I was moody (actually angry at the world) btw I'm the shyest most non-confrontational person on the entire universe, but I didn't feel like greeting people, didn't feel like helping anyone, I had an incredible amount of energy, but completely exhausted. Day 4, still couldn't sleep, took nyquil and woke up 6 times that night this has never happened before. Day 5, i said to myself “hey stupid, maybe it's the Gianvi?” then said “nah” it's a generic, it's the same thing. Day 6, Kicked the nephews out of the house, someone spilled juice on the couch,I can't control my actions. Didn't want to end up on the news. Not the mellow person i used to be. Day 7: F day 7 can't take this crap they call a generic anymore. I know my god damn body and this isn't a generic! I have never been this aggressive. I can say that this pill has helped me grow balls, but it may also make me homicidal.

    I'm not on any other medication. I have to switch back to yaz. I'm making an emergency visit to my doc.

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