Arkansas Carpenters Fund v. Bayer AG (Cipro Reverse Payments)

In the case of Arkansas v. Bayer AG, the AAI, the Public Patent Foundation, the AARP, and 54 IP, Antitrust, Economics, and Business Professors (including many members of the AAI Advisory Board) argue that the Federal Circuit’s decision was wrong in granting per se legality to the practice of pharmaceutical companies settling patent disputes with generic drug manufacturers on terms that amount to payment for delayed entry. The brief, drafted by Mark A. Lemley of Stanford, does not take a position on per se illegality vs. rule of reason.

Read the brief here.