By Jonathan Stempel
NEW YORK (Reuters) - Bayer AG
Continue Reading Below
U.S. District Judge Paul Gardephe said Sandoz failed to show that Bayer monopolized the U.S. oral contraceptive market, citing evidence Germany's largest drugmaker had a 29 percent share, below the 50 percent Sandoz estimated.
"Sandoz's allegations concerning its attempted monopolization claim are conclusory and speculative," he wrote.
Gardephe also said Sandoz, a unit of Switzerland's Novartis AG
The judge dismissed Sandoz's antitrust claims under the Sherman Act and said Sandoz cannot bring them again.
Exactly one year earlier, on September 28, 2010, Gardephe had dismissed Bayer's patent claims against Sandoz and Watson Pharmaceuticals Inc
Neither Novartis, nor its lawyers, nor Bayer's lawyers immediately responded to requests for comment.
Yaz has long been one of the largest-selling birth control pills in the United States.
First-half sales worldwide for Yaz and the similar Yasmin and Yasminelle totaled 505 million euros ($686 million), down 12.3 percent from a year earlier, reflecting generic competition, Bayer said.
The case is Bayer Schering Pharma AG v. Sandoz Inc et al, U.S. District Court, Southern District of New York, Nos. 08-03710 and 08-08112.
(1 euro = US$1.358)
(Editing by Andre Grenon)