Judge Favors Bayer In Livestock Drug Patent Spat

Law360, New York (September 25, 2009, 3:06 PM EDT) -- A federal judge has refused to toss Bayer HealthCare LLC's patent infringement case against Norbrook Laboratories Ltd. over a generic animal drug application filed with the U.S. Food and Drug Administration for medication that treats bovine respiratory disease.

Judge Rudolph T. Randa of the U.S. District Court for the Eastern District of Wisconsin denied Norbrook's motion for judgment on the pleadings Sept. 23, saying it failed to definitively show that no infringement had occurred.

"The court cannot anticipate the FDA’s actions with respect to Norbrook’s [application]...
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