Wednesday 22 October, 2008

Ciprofloxacin: The US court approved settlement between generic and innovator to be lawful

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

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Disclaimer: "IP Pharma Doc" blog is published for information purpose only. "IP Pharma Doc" blog contains no legal advice. I assume no legal responsibility for the views/information expressed here. “IP Pharma Doc” blog is my personal website and not edited by my employer, accordingly, no part of my blog should be attributed to my employer. All information on the present blog should be double checked for its accuracy and applicability. © Dr. Sarwal (2007)
 
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