Bayer Yaz Patents Are Obvious, Sandoz Tells Fed. Circ.

Law360, Washington (January 8, 2013, 4:04 PM EST) -- Sandoz Inc. and two other generic drugmakers told a Federal Circuit panel on Tuesday that a lower court had erred when it affirmed the validity of Bayer Healthcare Pharmaceuticals Inc.'s Yaz birth control patents, claiming it had overlooked prior art.

While a Nevada federal judge determined the patents-in-suit weren't obvious, Sandoz, Lupin Pharmaceuticals Inc. and Watson Laboratories Inc. maintained that Bayer wasn't the first to suggest a shorter placebo period during a 28-day contraception cycle would decrease the risk of missed-pill pregnancies.

“There is an express...
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