Summary: On March 7, 2011, the U.S. Supreme Court denied a petition for a writ of certiorari filed by various drug purchasers in which they asked the Court to review so-called reverse payments, an arrangement that settles patent litigation brought by brand-name drug manufacturers against generic manufacturers. Under a so-called reverse payment arrangement, the brand-name manufacturer makes a payment to the generic manufacturer in consideration for the generic manufacturer’s agreement not to produce the challenged product.
The Court’s denial let stand a Second Circuit decision that rejected antitrust claims based on a settlement between Bayer AG, the owner of a patent for ciprofloxacin (“Cipro”), and Barr Laboratories, Inc., a generic manufacturer that had challenged the patent. The attached Client Alert provides the background leading up to, and the significance of, the Supreme Court’s denial.
Also of Interest
- Tax Alert: Final Debt Regulations Have Limited Scope of Application November 30, 2016 • Client Alerts
- Best Lawyers Profiles Frankle as “Lawyer of the Year” November 28, 2016 • Media Mentions
- Fallon Appointed to the University at Albany Presidential Search Committee November 22, 2016 • Recognitions
- Fintech Term Sheet Negotiations: Key Issues Beyond Price November 21, 2016 • Articles
- Second Circuit Expands Split on Nominative Fair Use November 16, 2016 • Articles
- JUVE Handbuch Recommends Frankfurt Office and Lawyers November 14, 2016 • Recognitions
- Using Technology Service Providers Is No Silver Bullet November 7, 2016 • Articles
- Kaye Scholer Advises Bregal, Motion Equity in Morrison Utility Services Sale November 7, 2016 • Client Successes
- Pitfalls of Present-Day Contracts: Hyperlinked Contract Terms November 7, 2016 • Articles