The U.S. Court of Appeals for the Second Circuit has refused to reconsider in banc its holding that the antitrust laws are not violated when drug patent holders pay manufacturers of generic alternatives to keep competing products off the market.
The active members of the circuit issued a brief ruling Tuesday saying they had voted to deny rehearing in banc the case of Arkansas Carpenters Health and Welfare Fund v. Bayer AG, 05-2851-cv, in which a three-judge panel in April affirmed summary judgment for Bayer AG on a Sherman Act challenge concerning a so called “pay-for-delay” agreement involving the antibiotic drug Cipro.
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