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Court Dismisses Bayer's Patent Infringement Suit Against Biovail.


Business & Health/Medical Editors

TORONTO--(BW HealthWire)--April 6, 2001

Biovail Corporation (NYSE NYSE

See: New York Stock Exchange
:BVF BVF Biovail Corporation (stock symbol)
BVF Berufsverband der Frauenärzte eV (Muenchen, Germany)
BVF Bearing Versus Frequency
)(TSE See Tokyo Stock Exchange.

TSE

1. See Tokyo Stock Exchange (TSE).

2. See Toronto Stock Exchange (TSE).
:BVF.TO) announced today that a federal court in Georgia has dismissed a patent infringement lawsuit filed by Bayer AG against Biovail, Elan Corporation ("Elan") and Teva Pharmaceuticals USA, Inc. ("Teva").

Bayer AG v. Biovail Corp. et al, No. 2:00-CV-128-WCO (N.D. Ga., March 29, 2001). The Court held that Bayer was collaterally estopped by a 1999 decision from arguing that a 30mg. generic version of Adalat CC marketed by Biovail and Teva infringes U.S. patent 5,264,466.

The Georgia decision also confirms, as Biovail has alleged from the beginning, that the lawsuits charging that Biovail's ANDA's infringed the `446 patent were baseless when filed, and were undertaken strictly for anticompetitive an·ti·com·pet·i·tive  
adj.
That discourages competition among businesses: anticompetitive foreign trade restrictions. 
 purposes.

Biovail Corporation is an international full-service pharmaceutical company, engaged in the formulation, clinical testing, registration, manufacture, sale and promotion of pharmaceutical products utilizing advanced drug delivery technologies.

"Safe Harbor" statement under the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995.

To the extent any statements made in this release contain information that is not historical, these statements are essentially forward looking and are subject to risks and uncertainties, including the difficulty of predicting FDA FDA
abbr.
Food and Drug Administration


FDA,
n.pr See Food and Drug Administration.

FDA,
n.pr the abbreviation for the Food and Drug Administration.
 approvals, acceptance and demand for new pharmaceutical products, the impact of competitive products and pricing, new product development and launch, reliance on key strategic alliances, availability of raw materials, the regulatory environment, fluctuations in operating results and other risks detailed from time to time in the company's filings with the Securities and Exchange Commission.
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Publication:Business Wire
Geographic Code:1USA
Date:Apr 6, 2001
Words:257
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