2nd Circ. Urges En Banc 'Pay-For-Delay' Rehearing

Law360, New York (April 29, 2010, 5:26 PM EDT) -- A federal appeals court has ruled that the “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 did not violate federal antitrust law, but deemed the issue so important that it invited the plaintiffs to petition for a rehearing en banc.

In a highly anticipated opinion issued Thursday, the U.S. Court of Appeals for the Second Circuit held that under controlling case law — a suit involving AstraZeneca PLC's drug Tamoxifen...
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