2nd Circ. Won't Rehear Cipro Pay-For-Delay Suit

By Ben James

Law360, New York (September 07, 2010, 7:07 PM ET) -- A federal appeals court has rejected an en banc rehearing bid from drug purchasers who said a settlement Bayer AG struck with Barr Laboratories Inc. in patent litigation over the antibiotic Cipro violated antitrust law.

The U.S. Court of Appeals for the Second Circuit issued an order Tuesday denying a petition for en banc rehearing from plaintiffs-appellants Louisiana Wholesale Drug Co. Inc., Arthur's Drug Store Inc., CVS Pharmacy Inc. and Rite Aid Corp.

Circuit Judge Rosemary Pooler wrote in a dissenting opinion that the pay-for-delay, or...
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