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Consumers Ask California Appellate Court to Reconsider Cipro Anticompetitive Reverse Payment Agreements
Date:5/18/2010

SAN DIEGO, May 18 /PRNewswire/ -- Attorneys representing plaintiffs who overpaid for the antibiotic Cipro are asking a California appellate court to reverse a lower court ruling that set aside antitrust claims against Bayer Corporation.  The case involves the agreement Bayer made with generic competitors to prevent competition and to maintain Cipro prices at high levels. The plaintiffs are a certified class of California consumers, union health and welfare funds, and others.

In their brief, filed late last week with the California Court of Appeal for the Fourth Appellate District in San Diego, the attorneys ask the Court to allow a jury to determine whether a patent holder violates California antitrust laws by paying its generic competitors hundreds of millions of dollars not to compete.

That's what happened between 1997 and 2004 when Bayer, with U.S. headquarters in Pittsburgh, Pa., signed an exclusionary reverse payment agreement with Montvale, N.J.-based '/>"/>

SOURCE Zwerling, Schachter & Zwerling, LLP
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