Cipro: A Road Map For Reverse Payment Litigation

Law360 (October 28, 2008, 12:00 AM EDT) -- Earlier this week, the Federal Circuit affirmed the dismissal of plaintiff’s antitrust claims in In re Ciprofloxacin Hydrochloride Antitrust Litigation.

Although purportedly applying the rule of reason, the Federal Circuit effectively held that reverse payment settlements under the Hatch-Waxman Act are per se lawful under the antitrust laws so long as the anti-competitive effects are not outside the exclusionary zone of the patent and the underlying patent suit was not a sham and the patent was not procured through fraud.

In doing so, the Federal Circuit...
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