The U.S. Court of Appeals for the Federal Circuit (CAFC) has upheld the 2005 decision of the U.S. District Court of New York, which rejected a challenge to the lawfulness of a 1997 patent litigation settlement between Barr Labs and The Rugby Group (which has since been acquired by Watson Pharmaceuticals). and Bayer Corporation related to the antibiotic Ciprofloxacin. CAFC affirmed the grant of summary judgment by the District Court and concluded that Agreements were not in violation of section 1 of the Sherman Act because any anti-competitive effects caused by the Agreements were within the exclusionary zone of the patent. The CAFC affirmed the court's dismissal of antitrust claims.
(Opinion of the court here)
Earlier news of IPPharmdoc on Ciprofloxacin antitrust issues Here
Wednesday, 22 October 2008
Ciprofloxacin: The US court approved settlement between generic and innovator to be lawful
Posted by ADKS at 12:25 pm
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