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Biotech / Medical : Elan Corporation, plc (ELN)
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To: William Partmann who wrote (987)5/16/2000 8:44:00 AM
From: William Partmann  Read Replies (1) of 10345
 
News.

DUBLIN, May 16 (Reuters) - A U.S. appeals court has backed Elan Corporation (quote from Yahoo! UK & Ireland: ELA.L) (NYSE:ELN - news) in a patent dispute with Bayer AG over a hypertension treatment, Elan said on Tuesday.

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision on May 12 confirming an earlier district court judgment that Elan's Nifedpine Extended Release tablets (30 mg) do not infringe Bayer AG's U.S. Patent No 5,264,466.

Elan said the drug was a generic equivalent to Bayer's hypertension drug Adalat CC.

Elan obtained FDA approval on March 13, 2000, and the 30 mg tablets are currently being distributed commercially by Biovail Corporation (Toronto:BVF.TO - news) through U.S. marketing partner Teva Pharmaceutical Industries (NasdaqNM:TEVA - news).

The CAFC ruling confirms a court ruling in the Northern District of Georgia in favour of Elan, the company said.

Bayer subsequently filed a second lawsuit in the same district court alleging that the 60 mg strength of the Elan tablets would infringe its patent. Elan said it was now optimistic the district court would deliver a prompt ruling in its favour following the CAFC judgement.

Bayer opened a third front in the legal battle this month when it filed a suit in the Delaware district court, alleging the commercial sale of the 30 mg tablets infringed its patent.

``Elan believes that this suit in Delaware is an improper attempt by Bayer to relitigate the previous suit it already lost and that the CAFC's decision should dispose of this recent suit as well,'' it said.
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