Cert denied: Bartlit Beck Plays Key Role in End to Federal Cipro Antitrust Class Actions

March 2011

On March 7, 2011, the Supreme Court of the United States denied certiorari in In re Ciprofloxacin Hydrochloride Antitrust Litigation, bringing to an end an eleven-year battle between Bartlit Beck client Bayer and antitrust class plaintiffs arising from a patent settlement concerning Bayer’s popular antibiotic, Cipro.  Before the Second Circuit and in the Supreme Court, Bayer’s position was opposed by a host of governmental and private amici curiae – including the U.S. Department of Justice, the Federal Trade Commission, thirty-four state attorneys general, and an assortment of consumer advocates.  Nonetheless, the Supreme Court denied certiorari from the Second Circuit’s ruling in favor of Bayer, thereby disposing of the entire federal multi-district litigation (“MDL”) alleging billions in damages.

Since 2000, Bartlit Beck has acted as lead trial counsel and national coordinating co-counsel for Bayer (along with Jones Day) in over 40 nationwide antitrust class actions involving cutting-edge issues at the intersection of the patent and antitrust law.  Bartlit Beck attorneys Fred Bartlit, Peter Bensinger, Jr., and Michael Valaik comprised the Bartlit Beck antitrust team.