On February 13, 2025, following oral proceedings, the Higher Regional Court Munich handed down its judgment confirming the preliminary injunctions in place in Germany against Stadapharm and Aliud. These injunctions are based on Bayer’s patent protecting the once-daily dosing regimen of rivaroxaban – the active ingredient in the anticoagulant Xarelto®. Bayer welcomes the court's decision to reject the appeals from the generic manufacturers. The ruling affirms that both generic rivaroxaban tablets and capsules infringe upon Bayer’s patent in Germany, which covers the once-daily administration of Xarelto.
Several generic companies have contested the validity of Bayer’s patent before the German Federal Patent Court, with a decision expected by the end of July 2025. In its preliminary assessment, the Federal Patent Court has found Bayer’s patent to be valid. Dr. Natalie Kirchhofer and Dr. Arwed Burrichter, patent attorneys and partners at Cohausz & Florack, who are representing Bayer alongside a team from A&O Shearman led by Stephan Neuhaus, emphasize the critical importance of recognizing, valuing, and respecting pharmaceutical patents. These patents are a fundamental basis for innovative companies like Bayer to continue their investment in research and development, bringing new treatments to patients in need. Bayer has reaffirmed its commitment to vigorously enforce and defend its intellectual property rights in all cases of patent infringement.
The team from Cohausz & Florack already successfully defended Bayer’s once-daily patent against 15 opponents at the EPO Board of Appeal (see here).
