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Perspective

Mar. 18, 2015

State Supreme Court probing 'pay-for-delay'

By the end of May, the court is expected to decide whether such reverse-payment agreements violate the Cartwright Act, and to determine the legal standard by which their legality will be judged. By Kimberly A. Kralowec


By Kimberly A. Kralowec


In early March, the state Supreme Court heard oral argument in an antitrust class action involving the antibiotic popularly known by its brand name, Cipro. When Barr Laboratories sought to enter the market with a competing generic version, the patent-holder, Bayer, sued Barr for infringement. To settle the litigation, Bayer agreed to pay Barr $398 million, and Barr agreed to stay out of the market for six years.


Buyers of Cipro ...

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