Malani Discusses Investment Incentives in Prescription Drug Market

Court Denies En Banc Review in “Pay for Delay” Generic Drug Case
Paul Dailing
Inside Counsel
November 1, 2010

When patent infringement cases are settled, it’s usually not the alleged infringer who gets paid nearly $400 million.

And when the payments were made to keep a cheaper version of Cipro, one of the world’s most popular antibiotics, off the market until the patent expires, some patients’ rights groups and government agencies cried foul. Those consumer advocates were dealt a blow in September, when a 2nd Circuit panel decided in Arkansas Carpenters Health and Welfare Fund v. Bayer AG not to reconsider en banc an April ruling that such "pay-to-delay" payments are perfectly legal.

Anup Malani