In 2012, Generic Health released a generic version of Bayer's best-selling oral contraceptive, Yasmin. Bayer was denied an interim injunction but in June 2014 it succeeded in stopping the sale of the generic. Bayer then applied for damages on the basis that each unit sold of the generic was one less unit sold of Yasmin.

Today, Justice Jagot of the Federal Court of Australia awarded damages of more than $25 million plus interest and costs (amounting to a total of around $30 million) to Bayer for Generic Health’s infringement of its patent. The award represented the full claims by Bayer except for a discount of 2% for the uncertainty about Bayer Pharma AG’s costings. Frontier Economics (Asia-Pacific) was retained by lawyers for Bayer and gave expert evidence in the proceedings for damages.

Frontier regularly provides companies and their legal representation with expert economic advice in legal disputes. In particular, we have recently advised on a number of cases relating to damages arising from alleged infringement of patents.

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