A settlement agreement between Bayer Corp. and Barr Laboratories, Inc. involving Bayer’s drug Cipro® did not restrain competition beyond the exclusionary scope of the patent at issue, and summary judgment was granted properly in their favor, according to a decision by the California Court of Appeal, Fourth District (In re Cipro Cases I & II, Cal. Ct. App., 4th Dist., No. D056361).
Challenged Conduct.
Cipro® is Bayer’s brand name for ciprofloxacin hydrochloride, an antibiotic prescribed to treat various infections and the best selling antibiotic in the world.
Bayer obtained a patent on ciprofloxacin in 1987 (the ‘444 patent). ...
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