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Article: The Federal Circuit Cipro Decision: Another Blow To The FTC's Fight Against Reverse Payment Settlements.(Federal Trade Commission)(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- October 17, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Yesterday, the Court of Appeals for the Federal Circuit weighed in on the contentious issue of reverse payment patent settlements in the pharmaceutical industry. The Federal Trade Commission had filed an amicus brief urging reversal of the district court's grant of summary judgment to the defendants, arguing that the lower court failed to apply the proper legal standard. Following the lead of the Second and Eleventh Circuits, however, the Federal Circuit held in In re Ciprofloxacin Hydrocholoride Antitrust Litigation1 that, absent additional anticompetitive restraints, reverse payment settlements of a bona fide patent litigation are "within the exclusionary zone of the ...