Perspective
Dec. 6, 2011
'Pay for delay' settlements gain staying power under antitrust law
A state appellate court holds that reverse payment settlements do not violate antitrust laws. By Lincoln Mayer of McDermott Will & Emery LLP
Foreclosing the most promising non-federal venue for plaintiffs challenging "pay-for-delay" settlements, whereby branded drug makers pay to delay the introduction of generic medications, a California state appellate court affirmed summary judgment under state antitrust law for defendants Bayer AG and Barr Laboratories Inc. In re Cipro Cases I & II, 2011 DJDAR 15988 (4th Dist. Oct. 31, 2011).
Bayer's patent on a...
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