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.
