Warner Chilcott Can't Dodge Interference Claim In IP Row

Law360, Los Angeles (December 6, 2013, 8:08 PM EST) -- A Delaware federal judge on Friday denied Warner Chilcott Co. LLC’s motion to dismiss a patent interference claim brought against it by Bayer Intellectual Property GMBH in a suit over Warner’s alleged infringement of a patent for Bayer’s oral contraceptive Yaz.

Bayer filed suit in August 2012, accusing Warner of infringement of U.S. Patent No. 5,980,940 based on its sales of Lo Loestrin Fe tablets. Four months later, Bayer filed an amended complaint that added a claim for patent “interference” under 35 U.S.C. Section 291 between...
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