SAN FRANCISCO — The California Supreme Court heard arguments Tuesday in a case that could give the pharmaceutical industry more guidance on the legality of so-called “pay-for-delay” agreements.
A class of consumers alleges that Bayer Corp. illegally paid several generic drugmakers nearly $400 million to postpone plans to release generic versions of the antibiotic Cipro. Plaintiffs lawyers led on appeal by Stanford Law School professor and Durie Tangri partner Mark Lemley are asking the state’s high court to be the first in the nation to find such a settlement illegal under state and federal antitrust law.
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