Judge Rejects Antitrust Challenge To Hatch-Waxman Settlement

Law360, New York (March 31, 2005, 12:00 AM EST) -- In a move that marks a trend toward a legal stamp of approval for settlements between brand-name drug makers and their generic competitors, a federal court in New York has rejected an antitrust challenge to Barr Pharmaceuticals’ 1997 settlement with Bayer Corp. of patent litigation related to the antibiotic Cipro.

The ruling comes only weeks after a federal appeals court cleared Schering-Plough of violating antitrust laws in a patent litigation settlement with generic competitors, overturning an order by the U.S. Federal Trade Commission that would have...
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