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In re Ciprofloxacin Antitrust Litigation (2d Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- On April 29th, the U.S. Court of Appeals for the Second Circuit ruled that the "pay-for-delay" agreement between defendants Bayer AG and several generic drugmakers (including The Rugby Group, Watson Pharmaceuticals Inc., and Barr Laboratories Inc.) were not illegal under U.S. antitrust law and prevailing precedent. However, in a significant indication of the panel's sentiments on its opinion, it urged plaintiffs, including several trade unions and pharmacies, to request en banc review (apparently so the en banc court could do what a panel cannot, i.e., overturn prior precedent). While this suggestion was cloaked in the...

Full post as published by Patent Docs on May 21, 2010 (boomark / email).