09.10.2010 James M. Burns Comments on the In re Ciprofloxacin Hydrochloride Antitrust Litigation James M. Burns is quoted in a Sept. 9, 2010 Pharmaceutical Law & Industry Report (a BNA publication) discussing the Second Circuit's recent decision in the In re Ciprofloxacin Hydrochloride Antitrust Litigation. The decision involves so-called "pay for delay" settlements in pharmaceutical patent litigation cases, wherein the manufacturer of a branded drug pays a generic drug manufacturer to drop its patent challenge to the branded manufacturer's product in return for the generic manufacturer's agreement not to market its generic drug in competition with the branded drug until the patent on the branded drug expires. While the Second Circuit held that the settlement does not violate the antitrust laws, the Justice Department and the Federal Trade Commission have raised antitrust concerns about the practice, and the Sixth Circuit has held that such payments are per se unlawful because they stifle competition and increase drug costs for consumers. Mr. Burns commented on whether the Second Circuit's decision is likely headed to the U.S. Supreme Court for further review.
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Reproduced with permission from Pharmaceutical Law & Industry Report, 8 PLIR 1130 (Sept. 10, 2010). Copyright 2010 by The Bureau of National Affairs, Inc. (800-372-1033) www.bna.com