03.11.2011 James M. Burns Comments on the Supreme Court's Decision not to Review the Cipro Patent Settlement "Pay-for-Delay" Antitrust Case Jim Burns recently provided comments for the Bureau of National Affairs (BNA) Pharmaceutical Law and Industry Report regarding the Supreme Court's decision not to review the 2nd Circuit Court of Appeal's decision in Louisiana Wholesale Drug Co. v. Bayer AG (the so-called "Cipro" case). The case involves the antitrust implications arising from the settlement of a patent infringement lawsuit between two drug manufacturers, which included a payment to the generic drug manufacturer to delay its entry into the market. These so-called "pay for delay" settlements have been denounced by the Federal Trade Commission as being anticompetitive, significantly increasing drug costs for consumers. Despite the FTC's amicus support for review, the Supreme Court nevertheless decided not to hear the case. Jim's views on the Supreme Court's decision can be found by clicking on the attached file to read the entire article.