Bayer has been awarded damages of more than $30 million in its claim against Generic Health for infringing the patent covering the contraceptive combination of ethinylestradiol and drospirenone.
Bayer manufactured and sold in Australia the oral contraceptive known as Yasmin. Generic Health infringed the patent by manufacturing and selling the oral contraceptive known as Isabelle.
Bayer’s total claim was for damages of $25,751,336 plus interest, based on an assessment of the company’s lost profits in which each sale of Isabelle and of Petibelle, a generic version of Yasmin that Bayer introduced after Isabelle was removed from sale, was taken to be a lost sale of Yasmin.
Bayer’s lost profits were based on its standard costings for the production and sale of Yasmin, including for determining its fixed and variable costs.
Bayer Pharmaceuticals (ANZ) General Manager Nelson Ambrogio said: “The court’s decision confirms our intellectual property rights regarding our oral contraceptives Yasmin and YAZ. We will always defend these rights whenever this becomes necessary and will continue to do so. Without the protection of their intellectual property, research-driven pharmaceutical companies cannot bring new medical innovations to those patients who need them most”.
Generic Health was contacted but could not submit its comments in time for the publication of this report.