The 4 Factors Behind The Cipro En Banc Hearing

Law360, New York (June 4, 2010, 12:35 PM EDT) -- In Arkansas Carpenters Health and Welfare Fund v. Bayer AG (In re: Ciprofloxacin Hydrochloride Antitrust Litig.) (“Cipro”), Nos. 05-2851-cv(L), 05-2852-cv(CON) (2d Cir. Apr. 29, 2010), the Second Circuit became the latest court to weigh in on the validity of reverse payment patent settlements in the pharmaceutical sector. This article briefly describes reverse payment settlements and recent developments in opposition to their validity.

In 1984, Congress passed the Drug Price Competition and Patent Term Restoration Act. Commonly known as the “Hatch-Waxman” Act, its purpose is to encourage...
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