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In re Ciprofloxacin Hydrochloride Antitrust Litigation (Fed. Cir. 2008)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan --The Federal Circuit today issued its decision in the Ciprofloxacin antitrust litigation, in an opinion that addressed the extent to which a patent-holding innovator drug company can enter into an agreement with a generic competitor that keeps the generic drug off the market. Bayer holds U.S. Patent No. 4,670,444 claiming generically certain antibiotic drugs, and specifically ciprofloxacin hydrochloride that Bayer sells as Cipro®. Barr filed an Abbreviated New Drug Application (ANDA) containing a Paragraph IV certification that the '444 patent was invalid and unenforceable. During the course of the ensuing litigation, the other named defendants became...

Full post as published by Patent Docs on October 16, 2008 (boomark / email).