Cipro Pay-For-Delay Suit Heads To Calif. High Court

Law360, New York (December 15, 2011, 12:45 PM EST) -- A class of indirect purchasers asked the California Supreme Court on Monday to review a lower court's decision that Bayer AG did not violate state antitrust law by paying Barr Pharmaceuticals Inc. to delay entry of its generic version of the antibiotic Cipro.

The plaintiffs, including consumers and union health funds, claim that the California state appeals court erred in October when it affirmed a trial court's 2009 decision to toss the suit claiming Bayer's reverse payment settlement of a patent dispute was illegal.

In their...
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