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US appeals court upholds "reverse payment" deal but urges rehearing of the issue

This article was originally published in Scrip

Executive Summary

A US federal appeals court has upheld dismissal of a lawsuit challenging a 1997 patent settlement between Bayer and Barr Pharmaceuticals over the antibiotic Cipro (ciprofloxacin). Saying it had to follow legal precedent in finding no violation of federal antitrust law, the three-judge panel nevertheless invited deeper review of patent settlements in which drug makers pay rivals to delay production of generics and urged those opposed to such deals to seek review by the full appeals court.

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