Home -> Law Blog Directory -> Patent Law Blogs -> Philip Brooks’ Patent Infringement Updates
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Patent Law
: Philip Brooks’ Patent Infringement UpdatesAntitrust Laws Did Not Prevent Reverse Payments to Generic Manufacturers
By Philip Brooks
Michael F. Kelleher of Folger Levin & Kahn LLP, writing for the IP Law Observer blog on October 15, 2008 about the In Re Ciprofloxacin Hydrochloride Antitrust Litigation (Fed. Cir. No. 2008-1097) case, states:
The One Sentence Summary: Payments by a drug manufacturer to end patent invalidity claims did not violate antitrust laws because the anticompetitive effect was within the exclusionary scope of the patent.
What They Were Fighting About: Bayer had settled patent infringement claims against generic drug manufacturers with "reverse payments." The generic manufacturers had filed ANDA statements of intent to manufacture and challenged the validity of Bayer's patent for Ciprofloxacin (Cipro). The settlement agreements provided that Bayer would pay the generic manufacturers to dismiss their challenges to the patent and would supply Cipro for sale on the generic market. Plaintiffs sued Bayer and the generic defendants for federal and state antitrust violations. The district court ruled against plaintiffs on motions for dismissal and summary judgment, and plaintiffs appealed.
Read the full post here.
Full post as published by Philip Brooks’ Patent Infringement Updates on October 27, 2008 (boomark / email).
Dumb New York Laws
Stupid Laws in the Empire State
Dumb Texas Laws
Stupid Laws in the Lone Star State
Dumb California Laws
Stupid Laws in the Sunshine State
Dumb Foreign Laws
Stupid Laws of Other Countries
Reverse Mortgages
Consumer facts
Stock Splits and Reverse Stock Splits
How splits can affect stock value
Androgel Manufacturers
Face Class Action for Antitrust Violations
Hewlett-Packard and Staples
allegedly violated antitrust laws in collaborating on the sale of replacement ink jet printer cartridges.
Reddy Ice Holdings Inc., Arctic Glacier International Inc., and Home City Ice Co.
allegedly violated federal antitrust laws by fixing prices for packaged cubed, crushed, block, and dry ice in the US and Canada.
Network Solutions and ICANN
allegedly registers searched domain names to prevent others from selling and forces customers to pay expensive fees.
Payments Begin in Landmark $16 Million Medicaid Class Action
Payments Begin in Landmark $16 Million Medicaid Class Action
ETHEX Corp
5 Generic Drugs Recalled Due to Risk of Death From Overdose

FTC Sues Cephalon for Blocking Entry of Generic Provigil
Paying Off Your Generic Drug Competition No Problem.
FTC Sues Cephalon For Reverse Payment Settlement
If no anticompetitive effect outside exclusionary zone of patent, reverse payment OK in ANDA cases
Keeping the Engagement Ring: Apportioning Antitrust Risk with Reverse Breakup Fees
Federal Circuit Upholds "Reverse Payment" Patent Settlements
Reverse Payments Ripe for Cert
International Antitrust at U.C. Berkeley









