The California Supreme Court has ruled that the pay-for-delay pharmaceutical patent settlements can be challenged under state antitrust law. The appeals court revived claims by drug buyers that Bayer Corp. illegally paid generic manufacturers $400 million to delay launching their own version of blockbuster antibiotic Cipro. The state’s highest court concluded that the U.S. Supreme Court’s landmark decision allowing Hatch-Waxman Act payments to be challenged under federal antitrust law also supported permitting similar lawsuits under California’s competition laws.
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