Bayer awarded indemnity costs against Generic Health in Yasmin patent litigation

Earlier this year Jagot J of the Federal Court of Australia ordered Generic Health to pay Bayer $25,437,966 in damages plus interest to compensate for lost revenue caused by generic product sales infringing its patent covering the oral contraceptive Yasmin (see our previous report at: http://www.shelstonip.com/news/30m-for-infringement-of-bayers-australian-yasmin-patent-a-small-jurisdiction-with-big-benefits/). This damages award exceeded the amount of $19,891,858 which Bayer offered to accept in

$30m for infringement of Bayer’s Australian Yasmin patent – a “small” jurisdiction with big benefits

In a recent landmark Australian Federal Court decision, Bayer v Generic Health [2017] FCA 250, Bayer was awarded $30m ($25.7m in damages plus interest) to compensate for lost revenue caused by generic product sales infringing its patent covering the oral contraceptive Yasmin (ethinylestradiol/drospirenone).  This sets a new benchmark in Australia for future damages claims against generic manufacturers.  The Court’s willingness to adequately