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Journal of Intellectual Property Law & Practice Advance Access originally published online on April 24, 2009
Journal of Intellectual Property Law & Practice 2009 4(6):388-390; doi:10.1093/jiplp/jpp064
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© The Authors (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

Federal Circuit joins list of appellate courts finding reverse payment patent settlements valid

P. Gavin Eastgate and Jeffrey M. Weimer
Reed Smith LLP, Pittsburgh
Email: jweimer{at}reedsmith.com

In Re Ciprofloxacin Hydrochloride Antitrust Litig., 544 F.3d 1323 (Fed. Cir., 15 October 2008)

In the latest decision in a series of antitrust cases challenging reverse payment settlements between brand-name and generic pharmaceutical companies, the Court of Appeals for the Federal Circuit concurred with the Second and Eleventh Circuits, holding that reverse payment settlements do not violate antitrust laws so long as the underlying patent was not procured through fraud, the related patent infringement suit was not a sham, and the anti-competitive effects of the settlement agreements are not outside the exclusionary zone of the patent.

Correspondence: Email: geastgate{at}reedsmith.com


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