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United States: Cash Payments To Settle Hatch-Waxman Litigation Do Not Violate Antitrust Laws
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01 December 2008
Article by Astrid Spain

A unanimous panel of the U.S. Court of Appeals for the Federal Circuit affirmed a district court's grant of summary judgment granted to Bayer, holding that reverse payment settlements of a bona fide patent litigation are within the exclusionary zone of the patent and not redressable by federal antitrust law. In re Ciprofloxacin Hydrochloride Antitrust Litigation, Case Nos. 08-1907 (Fed. Cir., Oct....
 
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