Cipro is now pending in front of the California Supreme Court. What are the issues on appeal?
California antitrust attorney Joseph Saveri discusses the Cipro litigation.
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The issue about the extent to which these kinds of agreements, these reverse payments are illegal has been the source of controversy and dispute in the federal and state courts over approximately the last twenty years. The US Supreme Court recently in a case involving a company called Actavis said that in certain situations, certain types of these agreements are illegal under the Federal Antitrust Law. Our Cipro Case search claim’s under California Antitrust Law. And the issue that the California Supreme Court has to decide is the extent to which these sorts of agreements violate California law. And if so, what are the legal standards that would apply to such an agreement? The decision by the California Supreme Court is probably the most important decision to come down the road since the US Supreme Court decided the Actavis Case. It will have lasting impact with respect to California claims because the California Supreme Court is the highest court, the court of last resort in California. And it will also have an impact more broadly because it is probably the most important decision to come down the road since the Supreme Court decided Actavis.