Calif. High Court Takes Up Cipro Pay-For-Delay Suit

Law360, New York (February 15, 2012, 10:21 PM ET) -- The California Supreme Court agreed Wednesday to review a lower court's decision that Bayer AG hadn't violated state antitrust law by paying Barr Pharmaceuticals Inc. nearly $400 million to delay entry of its generic version of the antibiotic Cipro, after a class of indirect purchasers appealed.

The plaintiffs, including consumers and union health funds, claim 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....
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