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Bayer HealthCare LLC Stops Trademark Infringement by Indian Pharmaceutical Company
Date:12/6/2011

SHAWNEE, Kan., Dec. 6, 2011 /PRNewswire/ -- Bayer HealthCare LLC, Animal Health Division is pleased to announce today that it reached successful settlements in its trademark infringement cases against India-based Cipla Ltd. and Vanuatu-based Archipelago Suppliers, an operator of several websites. Both companies have entered into settlements and agreed to immediately stop selling products that infringe Bayer's Advantage® and Advantix® trademarks and disgorge profits from such sales.

Bayer manufactures a number of leading pet products, including the popular flea preventatives, Advantage® II and K9 Advantix® II. Bayer recently became aware of Cipla's manufacture of an infringing product, DA Double Advantage, and of sales by various websites to U.S. consumers, in violation of Bayer's Advantage® trademark rights. The company sought a preliminary injunction to quickly block any further illegal sales into the country. 

As a result of the settlement, Cipla agreed to discontinue all use of the DA Double Advantage trademark (in the U.S. and on a global basis). Cipla will also: stop use of the trademark Advance for a companion animal product; refrain from manufacturing any product with the same formula as Bayer's patented Advantix® (Global) and K9 Advantix® II (U.S.) products during the remaining term of those patents; and disgorge its total profits from the sale of DA Double Advantage, in excess of $100,000. Cipla also paid an additional $100,000 to reimburse Bayer for attorneys' fees and agreed to recall any product remaining in the sales pipeline.

A similarly successful outcome was achieved with respect to Archipelago Suppliers, which agreed to a Consent Decree. Under the Court's order, Archipelago Suppliers, operator of several websites at issue, is prohibited from selling DA Double Advantage or any product with the same formulation as DA Double Advantage. The Consent Decree also prohibits Archipelago Suppliers from selling Advantix® into the U.S.  

Debevoise & Plimpton LLP represented Bayer, led by partners David H. Bernstein and Michael Schaper and associate Christopher J. Hamilton. The case was filed in the U.S. District Court of the Southern District of New York on September 12, 2011. 

For more information about Bayer or Bayer products, visit www.bayerhealthcare.com.

About Bayer HealthCare

The Bayer Group is a global enterprise with core competencies in the fields of health care, nutrition and high-tech materials. Bayer HealthCare, a subgroup of Bayer AG with annual sales of EUR 16.913 billion (2010), is one of the world's leading, innovative companies in the healthcare and medical products industry and is based in Leverkusen, Germany. The company combines the global activities of the Animal Health, Consumer Care, Medical Care and Pharmaceuticals divisions. Bayer HealthCare's aim is to discover and manufacture products that will improve human and animal health worldwide.

With sales of EUR 1,120 million (2010), Bayer's Animal Health division is one of the world's leading manufacturers of veterinary drugs. The business manufactures and markets approximately 100 different veterinary drugs and care products for food-supplying animals and companion animals. U.S. Headquarters for Bayer HealthCare LLC, Animal Health Division is located in Shawnee, Kansas. Find more information at www.bayerhealthcare.com.

Forward-Looking Statements

This release may contain forward-looking statements based on current assumptions and forecasts made by Bayer Group or subgroup management. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of the company and the estimates given here. These factors include those discussed in Bayer's public reports which are available on the Bayer website at www.bayer.com. The company assumes no liability whatsoever to update these forward-looking statements or to conform them to future events or developments.

©Bayer (reg'd), the Bayer Cross (reg'd), Advantage® II, K9 Advantix® II and Advantage Multi® are trademarks of Bayer.

 


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