The California Supreme Court cements vigorous scrutiny of reverse-payment settlements (Cipro)

On May 7, 2015, in the first appellate reverse-payment ruling since the U.S. Supreme Court’s decision in FTC v. Actavis, 133 S. Ct. 2223 (2013), the California Supreme Court overturned a lower court decision granting summary judgment for defendants. On behalf of all seven Justices, Justice Kathryn Werdegar wrote an opinion that supported Actavis and filled in some of the holes left open by the U.S. Supreme Court, cementing vigorous scrutiny of agreements by which brand-name drug companies pay generics to delay entering the market. Facts The case involves Bayer’s blockbuster antibiotic Cipro. In 1987, Bayer received a patent (expiring in 2003) on the active ingredient in Cipro. In re Cipro Cases I & II, 2015 WL 2125291, at *1 (Cal. May 7, 2015). In 1991, defendant Barr

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Michael A. Carrier, The California Supreme Court cements vigorous scrutiny of reverse-payment settlements (Cipro), 7 May 2015, e-Competitions Bulletin May 2015, Art. N° 73830

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