On 15 October 2008 the Federal Circuit affirmed the grant of summary judgment by the Court for the Eastern District of New York that patent settlement agreements («Agreements») entered into between Bayer AG and Bayer Corp (collectively «Bayer») and several manufacturers of generic drugs providing for reverse payments were not in violation of section 1 of the Sherman Act. Any anti-competitive effects caused by the Agreements were deemed to be within the exclusionary zone of the patent held by Bayer. Bayer is the owner of a patent for the active ingredient in the medicine Cipro for which Bayer has a market authorization. The patent was due to expire in 2003. In 1991 Barr Labs., Inc. ("Barr") filed an abbreviated new drug application ("ANDA") for a generic version of Cipro aiming at
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The US Court of Appeals for the Federal Circuit dismisses antitrust claims against a reverse payment agreement between pharmaceutical companies (In Re Ciprofloxacin Hydrochloride Antitrust Litigation)
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