Court Upholds Cobalt Pharmaceuticals On Noninfringement of Yasmin Patent

OTTAWA—Generic manufacturer Cobalt Pharmaceuticals Inc. correctly claimed noninfringement of Bayer Inc.’s patent for the contraceptive drospirenone, marketed as Yasmin, clearing the way for production of a generic version through a different manufacturing process, the Federal Court of Canada ruled May 29 (Bayer Inc. v. Cobalt Pharmaceuticals Co.).

Bayer failed to demonstrate that Cobalt’s allegation of noninfringement was unjustified, as the proposed product does not include a key element in the three-step manufacturing process set out in Bayer’s patent, Justice James W. O’Reilly said in the ruling. “I find that Bayer has failed to discharge its burden. I must, ...