Bayer sues Dr. Reddy's over planned generic of cancer drug Nexavar

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The logo of Bayer AG is seen in a showroom of the German drugmaker where the annual results news conference takes place in Leverkusen
The logo of Bayer AG is seen in a showroom of the German drugmaker where the annual results news conference takes place in Leverkusen, Germany February 27, 2020. REUTERS/Wolfgang Rattay
  • Bayer, Onyx co-developed drug for liver, kidney cancer
  • Dr. Reddy's proposed generic allegedly infringes patent

(Reuters) - Bayer Healthcare LLC and Amgen subsidiary Onyx Pharmaceuticals Inc jointly sued India-based drugmaker Dr. Reddy's Laboratories Inc on Wednesday over its proposed generic version of their cancer drug Nexavar.

Dr. Reddy's filed an Abbreviated New Drug Application (ANDA) for U.S. Food and Drug Administration approval of the generic in May, according to the complaint. An ANDA asserts that the relevant drug patent is invalid or would not be infringed by the generic, and opens the applicant to infringement claims from the patent owner.

Bayer, Amgen, and their attorneys Bruce Genderson of Williams & Connolly and Jack Blumenfeld of Morris, Nichols, Arsht & Tunnell didn't immediately respond to a request for comment, and neither did Dr. Reddy's.

Nexavar is used to treat liver, kidney, and thyroid cancer. According to a Bayer report, it sold more than $750 million worth of Nexavar worldwide in fiscal year 2020.

Bayer and Onyx – which co-developed Nexavar – asked the court to block Dr. Reddy's from making and selling the generic, and to order the effective date of any FDA approval to come after their patent expires.

The case is Bayer Healthcare LLC v. Dr. Reddy's Laboratories Inc., U.S. District Court for the District of Delaware, No. 1:21-cv-00997.

For Bayer and Onyx: Bruce Genderson of Williams & Connolly, Jack Blumenfeld of Morris, Nichols, Arsht & Tunnell

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Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets, for Reuters Legal. He has previously written for Bloomberg Law and Thomson Reuters Practical Law and practiced as an attorney. Contact: 12029385713

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