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CIPRO at the CAFC

By Lawrence B. Ebert, Esq.

This case under the Hatch-Waxman Act presents the issue of whether a
settlement agreement between a patent holder and a generic manufacturer violates the
antitrust laws.

The punchline-->

For the foregoing reasons, we affirm the grant of summary judgment by the
District Court for the Eastern District of New York that the Agreements were not in
violation of section 1 of the Sherman Act because any anti-competitive effects caused
by the Agreements were within the exclusionary zone of the patent. We further affirm
the court?s dismissal of the state antitrust claims.

Full post as published by IPBiz on October 16, 2008 (boomark / email).