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Arkansas Carpenters Health and Welfare Fund v. Bayer AG

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Argued: April 28, 2009

Before: NEWMAN, POOLER, PARKER, Circuit Judges.

Plaintiffs appeal from a judgment of the United States District Court for the Eastern District of New York (Trager, J.) granting summary judgment for defendants. Defendants Bayer AG and its subsidiary Bayer Corporation (collectively “Bayer”) own the patent for the active ingredient in the antibiotic ciprofloxacin hydrochloride (“Cipro”). Defendants Barr Laboratories, Inc. (“Barr”), Hoechst Marion Roussel, Inc. (“HMR”), and Watson Pharmaceuticals, Inc. (“Watson”) were potential generic manufacturers of Cipro. Plaintiffs are direct purchasers of Cipro, who allege that defendants violated federal antitrust law when they settled a patent infringement lawsuit by entering into collusive agreements that blocked the entry of low-cost generic versions of Cipro into the prescription drug market.

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