On 1 February 2024, the Patent and Market Court handed down its judgment concerning Bayer’s patent protecting a once-daily dosing regimen of rivaroxaban – the active pharmaceutical ingredient in the anticoagulant Xarelto®.
In 2022, Sandoz filed an action with the Patent and Market Court in Stockholm requesting the Swedish part of European patent 1 845 961 to be revoked. The patent protects the once daily use of rivaroxaban, the active ingredient in Bayer’s blockbuster drug Xarelto®, for the treatment of thromboembolic disorders. Sandoz alleged that the patent was invalid due to lack of inventive step. A six-day main hearing took place in late 2023.
Bayer was successful in defending the patent. On 1 February 2024, the court issued its judgment (case number PMT 16592-22), dismissing Sandoz’s request in its entirety and awarding Bayer compensation for litigation costs. The judgment can be appealed to the Patent and Market Court of Appeal and leave to appeal is required.
Xarelto® is a successful drug which has helped millions of people and received a number of awards.
Mannheimer Swartling represented Bayer together with patent attorneys from Cohausz & Florack.
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This is an original press release from Mannheimer Swartling dated 05.02.2024.
