Bayer AG (BAYRY)

[LTE]

Has anyone been paying attention to the '218 litigation?

The denial of the reexamination requested by Mylan was a big deal:

https://www.1600ptab.com/wp-content/uploads/sites/27/2018/12/IPR2018-01143-DDI.pdf

Also, if you read further down the page below this intro, about
half (or more) of the cases have settled.

The reason why I find this important is because the '218 patent
covers Xarelto's dosing techniques until 2034. Bears on Bayer
say the Xarelto money will dry up after 2024, but this looks
like Xarelto protection should be extended for 10 more years.

Also, as a recent buyer of the stock, I am expecting the Monsanto
litigation to completely settle for $12 billion - that's looking
better than before.

Here's the '218 litigation:

<<Beginning in April 2017, JPI and Bayer Intellectual Property GmbH and Bayer AG (collectively, Bayer AG) filed patent infringement lawsuits in the United States District Court for the District of Delaware against a number of generic companies who filed ANDAs seeking approval to market generic versions of XARELTO® before expiration of Bayer AG’s United States Patent No. 9,539,218 (’218) relating to XARELTO®. JPI is the exclusive sublicensee of the asserted patent.

The following generic companies are named defendants: Alembic Pharmaceuticals Limited, Alembic Global Holding SA and Alembic Pharmaceuticals, Inc. (Alembic); Aurobindo; Breckenridge; InvaGen; Lupin Limited and Lupin Pharmaceuticals, Inc. (collectively, Lupin); Micro; Mylan; Sigmapharm; Taro Pharmaceutical Industries Ltd. and Taro Pharmaceuticals U.S.A., Inc. (collectively, Taro) and Torrent. Lupin counterclaimed for declaratory judgment of noninfringement and invalidity of United States Patent No. 9,415,053, but Lupin dismissed its counterclaims after it was provided a covenant not to sue on that
patent. Aurobindo, Taro, Torrent, Micro, Breckenridge, InvaGen, Sigmapharm, Lupin and Alembic have agreed to have their cases stayed and to be bound by the
outcome of any final judgment rendered against any of the other defendants. The ’218 cases have been consolidated for discovery and trial. The trial began in April
2019 and closing arguments were heard in June 2019.>>

<<In October 2019, JPI and Bayer entered into a settlement agreement with Mylan. In November 2019, JPI and Bayer entered into a settlement agreement with
Breckenridge. In December 2019, JPI and Bayer entered into settlement agreements with each of Accord, Micro, Sigmapharm, Sunshine, and Torrent. In January
2020, JPI and Bayer entered into a settlement agreement with Macleods.
The consolidated ’218 cases involving Alembic, Aurobindo, InvaGen, Lupin, Taro, and Teva, and have been stayed until March 2020.>>'

Page 92 at the bottom:

https://johnsonandjohnson.gcs-web.com/sec-filings/sec-filing/10-k/0000200406-20-000010