DOJ Asks 2nd Circ. To Rehear Bayer Pay-For-Delay Suit

Law360, New York (June 4, 2010, 3:10 PM EDT) -- The U.S. Department of Justice is urging the U.S. Court of Appeals for the Second Circuit to grant an en banc rehearing in a suit over a pay-for-delay deal Bayer AG forged with Barr Laboratories Inc. to prevent the generic-drug maker from introducing its own version of antibiotic Cipro.

The DOJ filed an amicus brief filed with the appeals court Friday arguing that the case should be considered by the full court because a Second Circuit panel's earlier decision, which affirmed a lower court's approval of...
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