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Bayer appeals Yasmin patent ruling in U.S.

Mon Mar 31, 2008 11:07pm IST
 
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FRANKFURT, March 31 (Reuters) - German drugmaker Bayer (BAYG.DE: Quote, Profile, Research) has appealed against a ruling that some of its Yasmin oral contraceptive patents are invalid, the company said late on Monday.

The company had sued generic manufacturer Barr Laboratories (BRL.N: Quote, Profile, Research) for patent infringement in connection with Barr's application to the U.S. Food and Drug Administration for approval to market a generic version of Bayer's Yasmin.

Bayer filed a Notice of Appeal in the United States District Court for the District of New Jersey, it said in a statement, after District Judge Peter G. Sheridan held that certain patent claims were invalid because they would have been obvious to a person of ordinary skill in the art.

The company said its appeal would be heard by the Federal Circuit, which is the federal court of appeals for patent cases. (Reporting by Christiaan Hetzner, editing by Will Waterman)

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