Fed. Circ. Affirms Dismissal Of Reverse Payment Suit

Law360, New York (October 15, 2008, 12:00 AM EDT) -- In another blow to the opponents of reverse payments, an appeals court panel affirmed Wednesday that Bayer AG did not violate antitrust laws when it paid Barr Pharmaceuticals Inc. to delay the entry of a generic version of the antibiotic drug Cipro.

The U.S. Court of Appeals for the Federal Circuit agreed with a lower court that the settlement of a patent suit between Bayer and Barr was not an unlawful restraint on trade and could not be used as the basis for an antitrust suit....
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