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Bayer Files Lawsuit Against Teva

Lawsuit concerns Teva's application for approval to market Levitra for the treatment of erectile dysfunction

Bayer Schering and Bayer HealthCare together with Schering have filed a patent infringement lawsuit in the US Federal Court in the District of Delaware against Teva Pharmaceuticals and Teva Pharmaceutical Industries.

The lawsuit concerns Teva’s application to the FDA for approval to market a generic form of Bayer Schering’s therapy, Levitra for the treatment of erectile dysfunction, prior to patent expiration.

The patent at issue in the suit is Bayer Schering Pharma’s US Patent No. 6362178 expiring in 2018. In the US, Levitra is marketed by Schering-Plough and GlaxoSmithKline.

Bayer Schering is a specialty pharmaceutical company. It is focused on, Diagnostic Imaging, General Medicine, Specialty Medicine and Women’s Healthcare.