UPDATE 1-Bayer drops one infringement case v Teva over Yaz

Tue Jun 29, 2010 11:06am EDT

* Bayer drops one lawsuit over Gianvi generic competition

* Bayer to pursue infringement case in Nevada

By Tom Hals

WILMINGTON, Del., June 29 (Reuters) - Bayer AG (BAYGn.DE) withdrew one lawsuit against Israeli drugmaker Teva Pharmaceutical Industries Ltd (TEVA.TA)(TEVA.O), which it accused of infringing Bayer's Yaz oral contraceptive drug, but said it would continue to press its claims.

The German drugmaker said in a Monday filing in Delaware District Court it was dropping its lawsuit, which also named Teva subsidiary Barr Laboratories Inc as a defendant.

However, Bayer said in a statement it plans to continue to pursue its patent infringement case against Teva's generic version of Yaz, also known as Gianvi, in Nevada District Court.

"Bayer is committed to vigorously enforcing its intellectual property and continues to pursue its patent infringement case filed earlier against Teva in Nevada," Bayer said in a statement.

The complaint in Delaware District Court was filed on June 1, and had asked the court for an injunction to prevent Teva, the world's largest maker of generic drugs, from selling its generic version of Yaz, or Gianvi.

On June 7, Bayer filed a similar complaint in Nevada, where it had already brought complaints against Watson Laboratories (WPI.N) and Sandoz Inc. Sandoz is a unit of Swiss drugmaker Novartis AG (NOVN.VX).

Bayer had said in court papers that Nevada was the appropriate venue because it "will eliminate the risk of inconsistent adjudications."

Two weeks ago, Bayer said Teva's U.S. business admitted in court that some of the information included on Gianvi packages was false and agreed to correct its labeling.

Teva declined to comment.

Bayer stock was down 4 percent in Frankfurt trading. Teva's shares were little changed at $51.32 on the Nasdaq.

The Delaware case is Bayer Schering Pharma AG and Bayer Healthcare Pharmaceuticals Inc v Teva Pharmaceutical Industries Ltd and Teva Pharmaceuticals USA Inc, Barr Pharmaceuticals LLC and Barr Laboratories Inc, U.S. District Court, District of Delaware, No. 10-cv-00474.

The Nevada case is Bayer Schering Pharma AG and Bayer Healthcare Pharmaceuticals Inc v Teva Pharmaceutical Industries Ltd and Teva Pharmaceuticals USA Inc, Barr Pharmaceuticals LLC and Barr Laboratories Inc, U.S. District Court, District of Nevada, No. 10-cv-00872. (Editing by Maureen Bavdek)

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