Bayer HealthCare AG has filed a patent infringement lawsuit against Teva Pharmaceuticals USA Inc. for infringing its Orange Book listed US Patent Nos. 4,990,517 (the ‘517 patent) and 5,607,942 (‘942 patent) for antibiotic drug Avelox, generically known as moxifloxacin hydrochloride. The infringement action is in response to Teva’s ANDA No. 77-437 with Para IV certification, seeking approval from the US FDA to manufacture and sell a generic Avelox before expiry of ‘517 and ‘942 patents. The lawsuit is filed in the US District Court for the District of Delaware.
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