Antitrust Partner Reacts to Recent California Supreme Court Decision

May 14, 2015

Wiggin and Dana Antitrust Partner Robert M. Langer was quoted in an article featured in the May 8, 2015 issue of Bloomberg BNA's Antitrust & Trade Regulation Report (ATRR). Mr. Langer has served as a member of the advisory board of ATRR since joining Wiggin and Dana in 1994.

The article, titled, "Drugmakers Subject to Antitrust Scrutiny for Patent Deals Under California Ruling," discusses the California Supreme Court's holding to remand In re Cipro Cases I & II back to lower state courts to reconsider whether a settlement in which Bayer Corp. paid generic drug manufacturers to resolve patent infringement litigation and extend the marketing exclusivity period for its antibiotic violated state antitrust laws. In its decision, the California Supreme Court rejected the lower courts use of a per se rule and determined that the "scope of patent" test used by the lower courts was flawed.

Mr. Langer commented on an extremely important aspect of the court's decision stressing that, "The court's decision that state antitrust law is not preempted raises a critically important issue regarding the role of state antitrust law vis-à-vis the patent laws."

Please click here to view the entire article.

Reproduced with permission from Antitrust & Trade Regulation Report, 108 ATRR 561 (May 7, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.