Hatch-Waxman Trial Victory for Bayer in Billion-Dollar Patent Dispute

July 2018

On July 13, 2018, the firm obtained a key victory on behalf of Bayer in a high-stakes Hatch-Waxman patent litigation against Mylan Pharmaceuticals Inc. and Sigmapharm Laboratories, LLC in the District of Delaware, in which the Court upheld the validity of Bayer’s patent protecting the compound rivaroxaban, the active ingredient in Bayer and Johnson & Johnson’s drug Xarelto®.  Xarelto is an anticoagulant with annual sales in the billions of dollars.

After a four-day bench trial in front of Judge Lawrence F. Stengel, the court ruled in Bayer’s favor, rejecting the generic companies’ challenge to the validity of Bayer’s patent.

Bayer is represented by Bruce Genderson, Adam Perlman, Dov Grossman, Alexander Zolan, Martha Kidd, and Kathryn Kayali.

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