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California Cipro Case Puts Pay-For-Delay Deals Under Scrutiny

By Erin Coe

Law360, San Diego (February 11, 2015, 1:45 PM ET) — The California Supreme Court will hear oral arguments next month in a proposed class action brought by purchasers of antibiotic Cipro alleging Bayer Corp. illegally paid several generics makers nearly $400 million to delay market entry, and experts say a ruling that subjects pay-for-delay settlements to a stricter standard of review could reverberate nationwide, deterring drug companies from entering into these pacts.

The state high court plans to hear arguments in the case on March 3, nearly two years after the U.S. Supreme Court ruled in…