Bloomberg the Company

Bloomberg Anywhere Login

Bloomberg

Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world.

Company

Financial Products

Enterprise Products

Media

Customer Support

  • Americas

    +1 212 318 2000

  • Europe, Middle East, & Africa

    +44 20 7330 7500

  • Asia Pacific

    +65 6212 1000

Follow Us

Industry Products

Bayer, Merck KGaA Sue Actavis Claiming Patent Violation

Don't Miss Out —
Follow us on:

June 5 (Bloomberg) -- Bayer AG and a Merck KGaA unit sued Actavis Inc. in Delaware over a planned generic version of the birth-control drug Safyral.

“Plaintiffs are entitled to relief” from competition until patent protection ends, and Actavis was aware that its plan “constitutes an act of infringement,” lawyers for Bayer and Merck said in the complaint.

Merck & Cie, based in Altdorf, Switzerland, owns the patent, and Bayer Pharma AG is the exclusive licensee, according to the complaint. Merck & Cie is a unit of Merck KGaA, based in Darmstadt, Germany.

Bayer and Merck asked for a ruling that Actavis, based in Corona, California, infringed claims of the patent and are seeking damages and an injunction to bar Actavis from marketing the Safyral tablets in the U.S. before the patent’s 2020 expiration date.

An Actavis spokesman, Charlie Mayr, didn’t immediately respond to a request for comment on the lawsuit.

The case is Merck & Cie v. Watson Laboratories Inc., 13-cv-00978, U.S. District Court, District of Delaware (Wilmington).

To see the patent in the lawsuit, click: 6,441,168.

To contact the reporter on this story: Phil Milford in Wilmington, Delaware, at pmilford@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.