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Ruling in Bayer’s favor over Avelox® patents
Berlin. The U.S. District Court for the District of Delaware recently ruled in Bayer’s favor in the company’s lawsuit against Dr. Reddy’s Laboratories, who had challenged the validity and enforceability of two U.S. patents covering Avelox®, Bayer’s fluoroquinolone antibiotic to treat respiratory tract and other infections. The court rejected all of Dr. Reddy’s challenges to the validity and enforceability of both Bayer patents. This patent infringement suit was brought in response to the filing of an Abbreviated New Drug Application (ANDA) by Dr. Reddy’s, a manufacturer of generic drugs. In submitting its ANDA with the U.S. Food and Drug Administration, Dr. Reddy’s sought approval of a generic version of Avelox® prior to the expiration of Bayer’s patents.
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