Warner Chilcott Beats Bayer's Infringement Claims In Yaz Suit

By Kurt Orzeck (April 21, 2015, 8:21 PM EDT) -- Warner Chilcott Co. LLC on Tuesday prevailed over Bayer Intellectual Property GMBH's accusations that it infringed a patent for Bayer's oral contraceptive Yaz, after a Delaware federal judge decided the patent is indefinite and therefore invalid.

U.S. District Judge Gregory M. Sleet granted a motion for summary judgment by Warner Chilcott, which is now owned by Actavis Inc., after ruling in October that he couldn't construe a disputed phrase in one of the claims of U.S. Patent Number 5,980,940.

The '940 patent claims an oral contraception regimen in which two hormones are taken at set time points throughout the dosing schedule,...

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