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Reverse Payment Claims Authorized Under State Law Five.

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Filed 5/7/15 IN THE SUPREME COURT OF CALIFORNIA IN RE CIPRO CASES I & II. With increasing frequency these cases have settled, with the plaintiff brand-name drug manufacturer (brand) making a ―reverse payment‖ to the defendant generic in exchange for the generic dropping its patent challenge and consenting to stay out of the market.

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Opening a new front in litation over so-ed reverse payment pharmaceutical patent infringement settlements, the California Supreme Court recently held that private parties can challenge these settlements under its state antitrust law, the Cartwrht Act.

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