German chemical giant Bayer seems to have lost its US patent for Yasmin, a well known contraceptive pill. And it is possible that a generic competitor may be available in the US in the coming months. The U.S. pharmaceutical company and big generic manufacturer Barr wanted permission to produce its own version of the drug in America, and have it on the market as early as 1 July.
A Barr spokeswoman for company boss, Bruce Downey, had on Monday confirmed reports the Financial Times Germany (FTD) that they were to produce the generic version of Yasmin, after the federal court in New Jersey had found against Bayer’s patent claim.
Barr has since announced that the U.S. drug regulatory body, the FDA, had on Friday, given the green light to the generic version of Yasmin.
According to FTD, Bayer and Barr have agreed to reduce the negative consequences for the drug that litigation could cause. According to the newspaper Bayer will still earn considerable revenue through an extrajudicial agreement with Barr. Bayer has rejected the comments in the paper.
Both sides had disputed an agreement in connection with a 2003 patent dispute. At the time, it was Bayer's antibioticdefine Ciprobay. In the end Barr did produce the drug, but had an agreement with Bayer to purchase the active ingredient from them.
During 2007, in the United States alone, Yasmin earned $500 million in turnover, the Yasmin product group is one of the central business areas of the company. In March, the Yasmin patent was declared invalid. Bayer announced after the defeat, further challenges in the patent fight.
But now it looks possible that the fight may have reached the end and the contraceptive will become available in a cheaper version. It currently sells for, in excess of $50 in the US, so hopefully it will now be available at a more reasonable price for American women.
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