On Friday a case was filed in the District of Delaware by Bayer Pharma AG, Bayer AG, and Janssen Pharmaceuticals Inc. against Micro Labs LTD and Micro Labs USA Inc. The case is regarding violation of the patent rights for Xarelto.
Xarelto is used for the reduction of risk of major cardiovascular events in patients with chronic coronary artery disease or peripheral artery disease, the complaint said. Janssen a subsidiary aof Johnson & Johnson, is the holder of the patent and Bayer is the assignee of the patent rights.
According to the complaint, Micro has filed an Abbreviated New Drug application seeking permission to manufacture, import, distribute and sell a generic version of Xarelto prior to the expiration of the original patents, which will not expire until 2030. The defendants have not sought license from the patent holder under the patent, per court documents.
Plaintiffs are suing for patent infringement and seek declaratory judgment of violation of the patent, injunctive relief preventing the defendants from selling their generic version prior to the expiration of the patent, and expenses. Plaintiffs are represented by Morris, Nichols, Arsht & Tunnell LLP.