FTC Urges 2nd Circ. To Overturn Tamoxifen Precedent

Law360, New York (May 26, 2010, 4:22 PM EDT) -- The Federal Trade Commission has urged a federal appeals court to grant an en banc rehearing in a lawsuit over a “pay-for-delay” deal Bayer AG cut with Barr Laboratories Inc. to prevent the generic-drug maker from making its own version of the blockbuster antibiotic Cipro.

The FTC said Tuesday it voted 5-0 to approve the filing of an amicus brief on the side of the plaintiffs in the case, a group of direct purchasers.

The brief, filed May 20 in the U.S. Court of Appeals for...
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