In re CIPROFLOXACIN HYDROCHLORIDE ANTITRUST LITIGATION.
Arkansas Carpenters Health and Welfare Fund, Paper, A.F. of L.—A.G.C. Building Trades Welfare Plan, Mark Aston, Board of Trustees of the United Food & Commercial Workers of Arizona Health and Welfare Fund, Adele Brody, Michelle Cross, Donna Franck, Kristine Gaddis, David Green, IBEW-Neca Local 505 Health & Welfare Plan, John H. Irons, Local 1199 National Benefit Fund for Health and Human Services Employees, Maria Locurto, Caroline M. Loesch, Kimberly McCullar, Linda K. McIntyre, Mechanical Contractors—UA Local 119 Welfare Plan, Theresa Meyers, Patricia Nelson, Frances Norris, Paper, Allied-Industrial, Chemical and Energy Workers International Union, AFL-CIO, CLC, Mary Ann Scott, Sheet Metal Workers Local 441 Health & Welfare Plan, Maurice Stewart, Ann Stuart, United Food & Commercial Workers and Participating Food Industry Employers Tri-State Health & Welfare Fund, and Vistahealthplan, Inc., Plaintiffs-Appellants,
v.
Bayer AG and Bayer Corp., Defendants-Appellees, and
Hoechst Marion Roussel, Inc., The Rugby Group, Inc. (doing business as Rugby Laboratories, Inc.), and Watson Pharmaceuticals, Inc., Defendants-Appellees, and
Barr Laboratories, Inc., Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
October 15, 2008.
October 15, 2008.
Attorney(s) appearing for the Case
Christopher J. McDonald, Labaton Sucharow LLP, of New York, NY, and Patrick E. Cafferty, Cafferty Faucher LLP, of Ann Arbor, MI, Of counsel were Dan Drachler, Zwerling, Schachter & Zwerling, LLP, of Seattle, WA; Robert S. Schachter and Joseph Lipofsky, of New York, NY; Eric B. Fastiff and Joseph R. Saveri, Lieff Cabraser Heiman & Bernstein, LLP, of San Francisco, CA; and David Kalow and Scott D. Locke, Kalow & Springut LLP, of New York, NY.
Fred H. Bartlit, Jr., Bartlit Beck Herman Palenchar & Scott LLP, of Chicago, IL, argued for all defendants-appellees. With him on the brief were Peter B. Bensinger, Jr., Michael J. Valaik, and Paul J. Skiermont, for Bayer AG, et al. Of counsel on the brief were Phillip A. Proger, Kevin D. McDonald, and Lawrence D. Rosenberg, Jones Day, of Washington, DC.
Karen N. Walker, Kirkland & Ellis LLP, of Washington, DC, for defendant-appellee Barr Laboratories, Inc. With her on the brief were Edwin John U, Bridget K. O'Connor and Gregory L. Skidmore.
David E. Everson, Stinson Morrison Hecker LLP, of Kansas City, MO, for defendants-appellees Hoechst Marion Roussel, Inc., et al. With himon the brief were Heather S. Woodson and Victoria L. Smith.
Cheryl L. Johnson, Deputy Attorney General, United States Department of Justice, of Los Angeles, CA, for amici curiae The State of Alabama, et al. With her on the brief were Manuel Medeiros, Solicitor General; Janet Gaard, Chief Assistant Attorney General; Kathleen Foote, Senior Assistant Attorney General; and Edmund G. Brown, Jr., Attorney General, of The State of California, of Sacramento, CA.
Professor Mark A. Lemley, Stanford Law School, of Stanford, CA, for amici curiae, Law Professors John R. Allison, et al.
Imad D. Abyad, Attorney, Federal Trade Commission, of Washington, DC, for amicus curiae Federal Trade Commission. With him on the brief were William Blumenthal, General Counsel; John D. Graubert, Principal Deputy General Counsel, and John F. Daly, Deputy General Counsel for Litigation. Of counsel were Jeffrey Schmidt, Director, Suzanne T. Michel, Assistant Director; and Elizabeth R. Hilder, Attorney.
Bruce B. Vignery, AARP Foundation Litigation, of Washington, DC, for amici curiae AARP, et al.
Don L. Bell, II, National Association of Chain Drug Stores, of Alexandria, Virginia, for amicus curiae National Association of Chain Drug Stores.
Elizabeth M. Locke, Kirkland & Ellis LLP, of Washington, DC, for amicus curiae Generic Pharmaceutical Association. With her on the brief was Susan E. Engel.
Before SCHALL and PROST, Circuit Judges, and WARD, District Judge.
United States Court of Appeals, Federal Circuit.
PROST, Circuit Judge.
This case under the Hatch-Waxman Act presents the issue of whether a settlement agreement between a patent holder and a generic manufacturer violates the antitrust laws. The agreements here involve a reverse payment from the patent holder to the generic manufacturer, but do not implicate the 180-day exclusivity period. Indirect purchasers of Cipro and several advocacy groups ("appellants") appeal the grant of summary judgment of their federal...
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